Pursuant to Article 98 of the Labor Code, in some circumstances, Employers may request Employees to stop their work and pay them out-of-work salaries. The Labor Code and relevant guiding documents do not prescribe the maximum out-of-work time. However, when requesting Employees to stop their work pursuant to the above provision, Employers must be able…

Is it correct that the VIAC has the authority to settle disputes related to the agreement that Employees will not work for Employers’ competitors in a period after resignation (Agreements in restraint of competition)? The VIAC is an arbitration centre which operates according to the Commercial Arbitration Law and relevant guiding documents. So, the VIAC…

Pursuant to Article 38.1(a) of the Labor Code, Employees’ failure to fulfil their tasks regularly is considered one of the reasons that allow Employers to unilaterally terminate LCs[1]. Stretching the pay raise period for not more than 6 months, removal from office or dismissal are the labour disciplinary actions which are prescribed in the Labor…

In this case, Employers may request the competent police department to protect those who are threatened. Specifically, those who are threatened should record audios/videos or use other methods to create the evidence on the Employees’ threatening acts. Then they can report this issue to the local police so the police will perform necessary professional tasks…

From the legal perspective, Employers must consult the TUEC when: (i) building the labour use option if the restructuring affects the employment of 2 or more Employees; and when laying-off 2 or more Employees. However, Employers are only obliged to consult the TUEC instead of being obliged to get its approval. Nevertheless, unfavourable opinions from…