- Am I Obliged To Inform Any Third Party (E.G., The Union And/or The Government) Or Obtain The Consent Of Such Third Party For Termination Of Employment?
- March 28, 2013
- Law Firm: Mayer Brown LLP - Chicago Office
The union must be notified of any unilateral termination of employment initiated by the employer (i.e., summary dismissal and termination with notice). While the union may have some comments on such termination, the employer is not obliged to pay heed to such comments. If there is no union established in the company, the employer may be required to notify a union at a higher level (e.g., the district union) as per local practice.
In terms of termination by reason of redundancy, the employer is required to explain the circumstances to its union or to all employees 30 days in advance. This is to enable the employees and the union to express their opinion. In addition, the employer should report the workforce reduction plan to the local labour bureau for their consent.
An employer does not need to inform any third party or obtain any third party's consent in respect of a mutual termination.