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Law Review and Comparison of Dismissal Regulations

In: Severance Payment and Labor Mobility

Author

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  • Yu-Chun Li

    (Department of Law, Shih Hsin University)

Abstract

This chapter analyzes and compares the laws of Japan and Taiwan regarding the substantive and procedural control of dismissal, legal effects of dismissal, and monetary settlement of dismissal, and proposes that monetary settlement of dismissal was hardly neglected in discussions about the appropriate dismissal regulations. The author holds the view that although the formation of the dismissal regulations of Japan has its own background, Japanese companies cannot ignore the transformation of the labor market and simply step away from monetary settlement of dismissal. In comparison, the regulation of monetary settlement of dismissal has existed in the Labor Standards Act in Taiwan. Referring to the features of the law in Taiwan, Japan may embrace a positive attitude to further review associated laws rather than avoiding monetary settlement of dismissal.

Suggested Citation

  • Yu-Chun Li, 2018. "Law Review and Comparison of Dismissal Regulations," Economics, Law, and Institutions in Asia Pacific, in: Tatsuo Hatta & Shinya Ouchi (ed.), Severance Payment and Labor Mobility, chapter 0, pages 125-146, Springer.
    • Handle: RePEc:spr:eclchp:978-981-13-2149-8_5
    DOI: 10.1007/978-981-13-2149-8_5
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