In
general, an employer can dismiss a worker
whose performance is not good. To do so, the
conditions stipulated in the work rules must
be met and legal procedures followed, including
at least 30 days notification prior to dismissal
or payment of sudden dismissal compensation.
Those suffering a job-related illness, or
those on maternity leave cannot be dismissed.
More
importantly, there must be legitimate justification
for dismissing a worker. Otherwise, the dismissal
may be regarded as an abuse of the individual's
rights and judged invalid.
In
the case of dismissals aimed at reducing a
company's workforce during business downturns,
there is a legal precedent requiring that
the following requirements be met by the employer
in addition to the above-mentioned general
procedures.
-
Had to adjust work force due to the business
situation
-
Tried to avoid dismissals
-
Made reasonable selection of workers to
be dismissed
-
Held discussions with trade union and workers
Often,
employers have discussions with the labour
union prior to dismissals to seek voluntary
employee retirement by offering sweetened
separation packages.
-
For more information:
- Chapter
2 Labour Contract, Labour Standards Law
(548KB)
