Labor Disputes
Cases involving labor and employment disputes include mediation and litigation of labor-management conflicts, actions to confirm the existence of an employment relationship, claims for unpaid wages, severance pay, overtime pay, retirement benefits, compensation for unused annual leave, issues related to underreporting salaries for labor and health insurance, violations of the Gender Equality in Employment Act, improper job transfers, unlawful termination, and claims arising from occupational injuries.
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Severance Pay Claim
Mr. A was employed by *** Company as a project manager starting from *** (year/month/day), responsible for content distribution, content planning, online operations, social media marketing, and project contracting. His monthly salary was ,* NTD, in addition to eligibility for project performance bonuses. During his employment, Mr. A worked diligently and conscientiously, never neglecting his duties. In particular, he secured project revenues totaling ,,** NTD in *** (year) and ,,* NTD in *** (year). Furthermore, he was frequently instructed by the company’s legal representative, through LINE and other communication platforms, to perform additional work after regular hours, on rest days, and on holidays, which he consistently completed.
However, despite repeated requests, *** Company refused to pay Mr. A the promised project performance bonuses and overtime wages. Such failure to pay wages and bonuses constituted a violation of Article 14, Paragraph 1, Subparagraphs 5 and 6 of the Labor Standards Act. Accordingly, on *** (year/month/day), Mr. A notified *** Company via email of the termination of the employment contract pursuant to the Act.
At the time of his resignation, Mr. A’s average monthly salary over the preceding six months was ,* NTD. Based on Article 14, Paragraph 4, in conjunction with Article 17 of the Labor Standards Act, he claimed severance pay in the amount of ,* NTD. Mr. A also claimed unpaid overtime wages totaling **** NTD.
After years of litigation, our firm successfully facilitated a settlement between the parties, bringing the dispute to a final and amicable conclusion.
Relevant Legal Provisions:
Civil Code, Articles 229 and 233(1)
Labor Standards Act, Articles 6, 12, 14, 22, and 24