Month: April 2013

    Unfair Termination (Part 1)   Most employers misunderstand the law relating to terminating staff and as such are of the opinion that if they pay severance pay to a terminated employee according to the Labor Protection Act, they can terminate an employment contract for any reason whatsoever. Such a misunderstanding of the law can lead to an employer being subject to considerable legal liability as an effected employee may be able claim compensation from the employer on the grounds of unfair termination or in some cases an employer may be forced to recall a terminated employee back to work again. There are many issues which need to be examined when determining what constitutes an unfair termination, however in this article we will mainly focus on judgments of the Supreme Court in order to provide guidance on the issue. […]

Nonstandard Performance and Unfair Termination     A Company or business that employs a senior manager or a skilled foreigner, will likely pay wages and special welfare benefits which are greater than that of regular employees, such benefits may include a company car with driver, international health/ life insurance or the provision of a residence such as an apartment or house. Moreover, in order to safeguard the interests of the business/company, an employer will normally make a written employment contract with such employee(s) that covers various key details including term of employment, remuneration/ benefits and the job responsibilities of the employee.   Given that the employer agrees to pay these high benefits, they often expect that such employees will have special skills & experience that will help to improve the profitability and efficiency of the company/business. However, as we shall […]