Best Hiring & Firing Lawyers in Kaohsiung City

About Hiring & Firing Law in Kaohsiung City, Taiwan

Hiring and firing laws in Kaohsiung City, Taiwan, are primarily governed by the Taiwan Labor Standards Act (LSA) which aims to protect employees' rights while maintaining a balance with employers' needs. The City's labor laws ensure that employment practices are fair and just, providing clear guidelines on hiring processes, employment contracts, termination procedures, and severance pay.

Why You May Need a Lawyer

There are numerous situations where legal assistance can be crucial in the context of hiring and firing in Kaohsiung City. Common scenarios include:

• Poorly drafted employment contracts that may not protect your interests.
• Unlawful termination claims, including wrongful dismissal, discrimination, and harassment.
• Disputes related to severance pay and final compensation.
• Ensuring compliance with local labor regulations when hiring or firing employees.
• Advising on restructuring or downsizing processes to ensure lawful practices.

Seeking legal help can also provide clarity and prevent potential litigation by ensuring all actions taken are in accordance with the law.

Local Laws Overview

Some key aspects of local laws that are pertinent to hiring and firing in Kaohsiung City include:

• Employment Contracts: Must be in line with the Labor Standards Act and include clear terms regarding job duties, working hours, salary, and other conditions.
• Probationary Period: While common, it must be defined in the contract and cannot exceed three months in most cases.
• Termination Notice: Employers are required to provide notice before terminating an employee, which varies depending on the length of employment (e.g., 10 days notice for 3 months to a year of service).
• Severance Pay: Calculated based on the employee's service period and salary, employers must provide accurate severance pay as stipulated by the LSA.
• Anti-Discrimination Laws: Employers are prohibited from discriminating against employees based on gender, age, race, religion, or disability.

Frequently Asked Questions

1. What are the legal requirements for an employment contract in Kaohsiung City?

An employment contract must include details such as job duties, salary, working hours, probation period (if any), and other terms of employment. It must comply with the Labor Standards Act.

2. What is the maximum probationary period allowed?

The maximum probationary period is generally three months, unless otherwise specified by special legal standards.

3. How much notice must an employer give before terminating an employee?

The notice period depends on the employee's length of service. For example, a minimum of 10 days' notice is required for employees who have worked for 3 months to a year.

4. Are there any specific procedures for terminating an employee?

Yes, termination procedures must comply with the LSA, including providing proper notice, reasons for termination, and severance pay calculations.

5. What are the anti-discrimination protections in place for employees?

Employees are protected from discrimination based on gender, age, race, religion, nationality, political affiliation, and disability.

6. How is severance pay calculated?

Severance pay is typically based on the employee's length of service and average monthly salary. Specific calculations depend on the terms established by the LSA.

7. Can an employee be terminated without notice?

Employees can only be terminated without notice under specific conditions, such as serious misconduct or criminal activity, as mandated by the LSA.

8. What is the process for resolving hiring and firing disputes?

Disputes are typically resolved through mediation, arbitration, or legal proceedings. The employee or employer can seek assistance from the local labor department or legal counsel.

9. Are employment contracts mandatory for all employees?

While verbal agreements can be binding, written contracts are highly recommended and often required to ensure clarity and compliance with legal standards.

10. What should an employer do to ensure compliance when restructuring or downsizing?

Employers should consult legal experts to ensure all actions are compliant with the LSA, provide fair severance packages, and follow proper termination procedures.

Additional Resources

For further assistance, consider reaching out to the following resources:

• The Kaohsiung City Labor Department
• The Ministry of Labor in Taiwan
• Local legal firms specializing in labor law
• Trade unions and employee associations

Next Steps

If you require legal assistance with hiring and firing in Kaohsiung City, Taiwan, consider the following steps:

• Consult a local attorney specializing in employment law to review or draft employment contracts.
• Contact the Kaohsiung City Labor Department for guidance and mediation services.
• Review the LSA and ensure your hiring and firing practices are in compliance with local laws.
• Attend workshops or seminars on labor law updates and best practices for employers in Kaohsiung City.