Taiwan Employment Cessation Procedure
For any Taiwan employees who intend to cease their employment, it is required to notify their own employers in advance. If the notice is failed to proceed, the employee is possible to recover the losses of employer, apart from meeting the exceptional terms, such as violence from employers, failure to proceed the remuneration pursuant to regulations, without notice of cessation of working from employees in advance.
In accordance with Labor Standards Act, the termination of employment (cessation of working) shall be notified to the employer in advance. The advance notice period begins from the day after the date of submission of termination, which is calculated as “day? For example, an employee submits the cessation at 10:00 p.m. this evening, so tomorrow is the first day of notice period to calculate.
The advance notice period is as varied as different service period, the advance notice period including the weekend and national holidays. The advance notice period of employment cessation as below:
- Where a worker has worked continuously for more than three months but less than one year, the notice shall be given ten days in advance.
- Where a worker has worked continuously for more than one year but less than three years, the notice shall be given twenty days in advance.
- Where a worker has worked continuously for more than three years, the notice shall be given thirty days in advance.
Kaizen sorts out simple steps for a company which receive the notice from employees for employers?reference.
Step 1: Receiving of application of working cessation from employees
The ways of application are included verbal, e-mail, communication apps, or application forms and any other legal courses.
Step 2: Confirming of the date of cessation
To confirm the date of cessation with the employee and evaluate the working forces.
Step 3: Working and equipment handover
The employee should hand over the physical properties of companies, such as computers, cell phones, and duty affairs, but the company is not allowed to deduct the employee’s wages owing to the failure of handover. The company shall resort to the procedures of civil claims to take back its losses.
Step 4: Computation of annual leaves from the date of cessation
The annual leaves are required be completed. If not, the rest leaves shall be transferred to wages.
Step 5: Withdrawal of labour health insurance and issuance of working cessation certificate
It is required to proceed the withdrawal of labour health insurance and issuance of working cessation certificate. |
