Grounds
Mutual agreement, expiry of a fixed-term contract, dismissal by the employer with notice, dismissal by the employer without notice and notice given by the employee.
Termination by dismissal with notice is permissible if dismissal is objectively justified on the basis of circumstances relating to the undertaking, the employer or the employee. Termination by dismissal without notice is permissible if the employee is guilty of a gross breach of duty or other serious breach of the contract of employment.
Employees subject to termination laws
All. The chief executive may relinquish the right to employment protection in exchange for severance pay by prior agreement.
Prohibited or restricted terminations
Termination for the following reasons is prohibited or restricted:
- Supporting or not supporting statutory union recognition and de-recognition
- Trade union membership or activities or non-membership of a trade union
- Pregnancy or any reason connected with maternity
- Taking, or seeking to take, parental leave
- Sex or race
- Ethnicity, politics or religion Sexual orientation
- Age or disability
- Sickness, during the first 12 months after being unable to work
Third-party approval for termination
Not required.
Mass layoff rules
Strict information and consultation rules apply when notice of dismissal is given to 10 employees or more within a period of 30 days, for business reasons (as opposed to reasons relating to the employees).
Notification to the Labor and Welfare Service is required.
Notice
During the probationary period, 14 days' notice is required. After the probationary period, the minimum statutory notice period for terminating an employment contract is 1 month. The notice period will be increased by 1 month for each 5 years of service, up to 10 years of service. If an employee is dismissed after at least 10 years of employment, the period of notice must be at least 4 months when given after the employee is 50 years of age, at least 5 months after the age of 55, and at least 6 months after the age of 60.
Statutory right to pay in lieu of notice or garden leave
No. All employees are entitled to work and receive full payment during the notice period. The right to notice may be waived at the time of the termination.
Severance
No statutory right to severance pay. However, employees often offer severance pay so the employee accepts notice.