District Court held employer violate laws for laying off local labors instead of foreign labors, Employment Service Act protecting nationals’ right to work

    In the beginning of 2001, some rubber company laid off 52 local labors on the ground of loss in profit and shrinking workload, while continuing to employ 77 foreign labors.  Three of the fired local labors questioned that the employer violated the Employment Service Act (note: Article 42 of the amended Employment Service Act defines that to protect the nationals’ right to work, the employment of foreign persons shall not jeopardize nationals’ job opportunities.), and petitioned with the Taoyuan District Court to recognize the employment relationship.  Yesterday the court gave a judgment in favor of the three local labors, emphasizing that the employment of foreign labors shall not jeopardize local labors’ job opportunities.

    In addition to confirming the validity of the employment relationship, the district court also judged that the accused company should pay the three local labors salaries retroactively accrued from the beginning of 2001 till the date of their formal restoration.  The company, disagreeing with the judgment, highlighted that the layoff was justified and showed that they will file an appeal against the judgment.