Saturday, March 27, 2010
vilation of Labor act
labor contract can be cancelled due to the vilation of Labor contract act.
A labor contract that stipulates any working conditions that do not meet the standards established by the rules of employment shall be invalid with regard to such portions. In this case,
the portions which have become invalid shall be governed by the standards established by the rules of employment.
In cases where an employer may order the temporary transfer of a worker, if such order of temporary transfer is found to be an abuse of right in light of the need for such temporary
transfer, the circumstances pertaining to the selection of the worker to be temporarily transferred, or any other circumstances, such order shall be invalid.
Disciplinary Action.
In cases where an employer may take disciplinary action against a worker, if such disciplinary action lacks objectively reasonable grounds and is not found to be appropriate in general
societal terms in light of the characteristics and mode of the act committed by the worker pertaining to such disciplinary action and any other circumstances, such disciplinary order shall be treated as an abuse of right and be invalid.
Dismissal.
A dismissal shall, if it lacks objectively reasonable grounds and is not considered to be appropriate in general societal terms, be treated as an abuse of right and be invalid.
Fixed term labor contract.
With regard to a fixed-term labor contract, an employer may not dismiss a worker until the expiration of the term of such labor contract.
unless there are unavoidable circumstances.
With regard to a fixed-term labor contract, an employer shall give consideration to not renewing such labor contract repeatedly as a result of prescribing a term that is shorter than necessary in light of the purpose of employing the worker based on such labor contract.
Exclusion from Application.
This Act shall not apply to national public officers nor local public officers.
This Act shall not apply to a labor contract in cases where an employer only employs a relative(s) living together.
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