Intro; Preface; Dismissal Regulations in Japan; Abusive Doctrine of Dismissal; Lack of a Severance Payment System; Lifetime Employment Compelled; Dismissal Regulations in Taiwan; Types of Dismissal; Severance Payments; Dismissal Procedure; Structure of the Volume; References; Contents; About the Editors; Part I: Dismissal Regulations in Japan; Chapter 1: Why Should the Monetary Compensation System Be Introduced in Japanese Dismissal Regulation?; 1 Introduction; 2 Outline of the Japanese Dismissal Regulation; 2.1 Freedom of Dismissal Principle of the Civil Code; 2.2 Statutory Regulation

2.3 Abusive Doctrine; 3 Problems of Art.16; 4 Legal Analyses on Dismissal Regulation; 4.1 Inquiry into the Basis of Dismissal Regulation; 4.2 The Problem of Unpredictability; 5 Reinstatement vs. Monetary Compensation; 5.1 Malfunction of the Reinstatement System; 5.2 Experience of Labor Tribunal Proceedings; 5.3 Comparative Viewpoint; 5.4 Economic Viewpoint; 5.5 Technical Problems; 5.6 Theoretical Problems; 5.7 Necessity of Deregulation; 6 Transformation of Labor Market Policy; References; Chapter 2: Dismissal Compensation and Labor Mobility in Japan; 1 Introduction

2 Overview of Japan' Labor Market Practices; 2.1 Rationality of Japanese Employment Practices; 2.2 Employment After Mandatory Retirement Ages; 2.3 Non-regular Employees; 2.4 Large and Small Firms; 3 Regulations on Dismissals and Various Exit Payments Schemes; 3.1 Compulsory Compensation for a Short Notice Dismissal; 3.2 Prohibition of Specific Type of Dismissals; 3.3 Regulation on Mandatory Retirement; 3.4 Various Exit Payment Schemes; 3.4.1 The Amount of the Exit Payments; 3.4.2 Rationales for Exit Payments; 3.4.3 Earlier Retirement; 3.4.4 Unemployment Compensations

4 Current Systems for Settling Individual Disputes on Terminating Employment Contracts4.1 Arbitrage by the Labor Bureau; 4.2 Labor Tribunal System; 4.3 Civil Litigation; 5 Major Issues for Settling the Procedures for Dismissal; 5.1 Who Can Claim the Monetary Compensations?; 5.2 What Is a Suitable Level of the Monetary Compensations?; 5.3 Effects of Severance Payments on Labor Mobility; 6 Conclusion; References; Part II: Dismissal Regulations in Taiwan

Chapter 3: A Brief Introduction to Employment Termination and Severance Payment Systems in Taiwan: A Reference Model for Japan's Reform of Labor Mobility1 Introduction; 2 Abstract; 2.1 Protection Provided Under Taiwan's LSA; 2.2 Two Unilateral Termination Categories Under the LSA; 2.3 Employees' Entitlements Under Two Unilateral Termination Categories; 2.4 Employee Resignation; 2.5 Employee Pension; 3 Unilateral Termination Categories Under the LSA; 3.1 Unilateral Termination by the Employer; 3.2 Unilateral Termination with a Non-disciplinary Just Cause in Accordance with Article 11