Inquiry Regarding Labor Contract Dispute and Potential Administrative Sanctions

陳情內容

Hello, ? ? My name is Matteo Condoleo, an Italian citizen with ARC No. B800099254. ? ? I am writing in reference to my ongoing labor contract dispute with Decathlon Taiwan Co., Ltd. ? ? The Taichung Labor Office has conducted an investigation into the matter of my employment contract and its termination. ? ? Based on their findings (report attached for reference), the following points were established: ? -My employment contract (attached) is a non-fixed-term contract and legally valid. ? -Decathlon Taiwan cannot terminate my contract solely on the grounds of letting my work permit expire intentionally. ? -The company's justification for terminating my contract—work permit expiration—is not listed as a valid reason under Articles 11 (termination with severance pay) or 12 (termination without severance pay) of the Labor Standards Act (LSA). ? -The Labor Office has not imposed an administrative fine on the company, as it determined that there was no violation of Article 17 (payment of severance pay). ? ? Based on this reasoning, I believe that since my contract cannot legally be terminated due to an invalid reason under Articles 11 or 12 of the LSA, it logically follows that Article 17 is not applicable. ? In fact my contract should remain active, and no severance pay would be due under these circumstances. ? Furthermore, as the contract remains legally valid and ongoing, the company should instead have continued to pay my wages from September 2024 onward, as affirmed in your ministry’s response to my earlier inquiry (attached). ? ? Currently, I am pursuing mediation with my employer in court. ? However, if mediation does not result in a resolution, I would like to inquire whether I may request the Labor Office to impose an administrative fine under Article 79 of the LSA for the company’s violation of Article 23 (failure to pay wages regularly from September 2024 onward). ? ? Thank you for your attention to this matter. ? ? Matteo Condoleo

案件資訊

案號

1140043364

陳情日

2025-01-21

結案日

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處理時長

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