Article 15
In the case of a special fixed-term contract for a term of more than three years, a worker may, after expiration of three years, terminate the contract by giving notice to his employer thirty days in advance.
In the case of a worker terminating a non-fixed term contract, the provisions of Paragraph one of Article 16 pertaining to the prescribed time limit for serving advance notice shall apply
mutatis.c
第十五條
特定性定期契約期限逾三年者,於屆滿三年後,勞工得終止契約。但應於三十日前預告雇主。
不定期契約,勞工終止契約時,應準用第十六條第一項規定期間預告雇主。
Article 16
Where an employer terminates a labor contract pursuant to provisions of Article 11 or the conditions provisions of Article 13, the terms described below shall govern the prescribed time limit for serving advance notice:
1. Where a worker has continuously worked for more than three months but less than one year, the notice shall be given 10 days in advance.
2. Where a worker has continuously worked for more than one year but less than three years, the notice shall be given 20 days in advance.
3. Where a worker has continuously worked for more than three years, the notice shall be given 30 days in advance.
After receiving the advance notice referred to in the preceding paragraph, a worker may, during hours of work, ask for leave of absence for the purpose of finding a new job. Such leave of absence may not exceed two work days per week. Wages shall be paid during such leave of absence.
Where an employer terminates the contract without serving an advance notice within the time limit prescribed in the first paragraph of this Article, he shall pay the worker wages for the advance notice period.
第十六條
雇主依第十一條或第十三條但書規定終止勞動契約者,其預告期間依左列各款之規定:
一、繼續工作三個月以上一年未滿者,於十日前預告之。
二、繼續工作一年以上三年未滿者,於二十日前預告之。
三、繼續工作三年以上者,於三十日前預告之。
勞工於接到前項預告後數,為另謀工作得於工作時間請假外出。
其請假時數,每星期不得超過二日之工作時間,請假期間之工資照給。
雇主未依第一項規定期間預告而終止契約者,應給付預告期間之工資。
Article 14
Under any of the following circumstances, a worker may terminate a labor contract without prior notice:
1. Where an employer misrepresents any fact at the time of his signing of a labor contract in a manner which might mislead his worker and cause him to sustain damage therefrom.
2. Where an employer, his family member or his agent commits violence or extends gross insults at his worker.
3. Where the work specified in the contract has the danger of ruining the health of a worker, and the situation has not been ameliorated after an employer has been advised to make improvements.
4. Where an employer, his agent, or other worker has contracted infectious diseases having the danger of contagion.
5. Where an employer does not make wage payments according to the terms of the labor contract, or does not give sufficient work to a piece- rate worker.
6. Where an employer violates the provisions of a labor contract or labor laws and regulations liable to sustain damage to the rights and interests of a worker.
Where a worker desires to terminate a labor contract pursuant to subparagraphs (1) and (6) of the preceding paragraph, he shall do so within 30 days from the date he becomes aware of the particular situation.
Under circumstances specified in subparagraphs (2) and (4) of paragraph one, a worker may not terminate the labor contract when an employer has discharged his agent, or has discharged or sent those with contagious diseases to hospital for medical treatment.
The provision of Article 17 shall apply mutatis when a labor contract is terminated under the present Article.
第十四條(14th)
有左列情形之一者,勞工得不經預告終止契約:
一、雇主於訂立勞動契約時為虛偽之意思表示,使勞工誤信而有受損害之虞者。
二、雇主、雇主家屬、雇主代理人對於勞工,實施暴行或有重大侮辱之行為者。
三、契約所訂之工作,對於勞工健康有危害之虞,經通知雇主改善而無效果者。
四、雇主、雇主代理人或其他勞工患有惡性傳染病,有傳染之虞者。
五、雇主不依勞動契約給付工作報酬,或對於按件計酬之勞工不供給充分之工作者。
六、雇主違反勞動契約或勞工法令,致有損害勞工權益之虞者。
勞工依前項第一款、第六款規定終止契約者,應自知悉其情形之日起,三十日內為之。
有第一項第二款或第四款情形,雇主已將該代理人解僱或已將患有惡性傳染病者送醫或解僱,勞工不得終止契約。
第十七條規定於本條終止契約準用之。
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