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Severance Payment and Labor Mobility

A Comparative Study of Taiwan and Japan

  • Tatsuo Hatta
  • Shinya Ouchi

Part of the Economics, Law, and Institutions in Asia Pacific book series (ELIAP)

Table of contents

  1. Front Matter
    Pages i-xv
  2. Dismissal Regulations in Japan

  3. Dismissal Regulations in Taiwan

  4. Comparison of Dismissal Regulations

  5. Back Matter
    Pages 187-189

About this book

Introduction

This book compares legally allowed dismissal conditions in employment contracts in Taiwan and Japan and then examines the possibility of introducing the Taiwan-style severance payment system into Japanese employment contracts.

A significant difference exists between employment regulations of Japan and Taiwan. In Japan, dismissal of an employee on the grounds of ability is not easily upheld in a court of law, and a set rule for dismissals with severance payment does not exist. On the other hand, in Taiwan, where regulations do not allow dismissal at will, an employee can still be dismissed with severance payment, as long as due process is followed.

Written by labor lawyers and labor economists from both Taiwan and Japan, this book describes the procedures that must be followed in the dismissal process in the two countries. It also shows that this difference in dismissal conditions between the two countries explains the low labor mobility in Japan and high labor mobility in Taiwan, and that this difference in labor mobility, in turn, caused the shift of IT production from Japan to Taiwan in the 1990s. The final chapter of the book elucidates the need for introducing the Taiwan-style severance payment before carrying out further deregulation in Japan.

Keywords

abusive doctrine cash settlements for dismissals civil litigation dismissal regulation employment-at-will exit payment fixed-term contract labor mobility Labor Standards Act lifetime employment mandatory retirement ages merit-based wage system non-regular employees contract for an indefinite period Ponzi scheme regular employees reinstatement seniority-based wage system severance payment unemployment insurance

Editors and affiliations

  • Tatsuo Hatta
    • 1
  • Shinya Ouchi
    • 2
  1. 1.Asian Growth Research InstituteKitakyushuJapan
  2. 2.Graduate School of LawKobe UniversityKobeJapan

Bibliographic information

  • DOI https://doi.org/10.1007/978-981-13-2149-8
  • Copyright Information Springer Nature Singapore Pte Ltd. 2018
  • Publisher Name Springer, Singapore
  • eBook Packages Economics and Finance
  • Print ISBN 978-981-13-2148-1
  • Online ISBN 978-981-13-2149-8
  • Series Print ISSN 2199-8620
  • Series Online ISSN 2199-8639
  • Buy this book on publisher's site
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