It is important for employer and employee to set up the term, when they conclude fixed-term employment contract. It is the basic purpose of the section 661, Civil Act to restrict the term, but if only there is under any unavoidable cause, the contract can be exceptionally canceled. By the Civil Code thus recognizing an equal right in both parties with respect to “freedom to terminate a contract”, the practical meaning of “freedom of dismissal” can given the essential inequality between employers and workers have the effect of adding to the employer's already superior economic power. Because the freedom of dismissal inflicts a major disadvantage on a worker who is dismissed, it is subject to a variety of controls. Where an employment contract is for an fixed period, the employer may not as a general rule dismiss the worker during that period, but is permitted “immediately to cancel the contract”(i.e., promptly to dismiss a worker) only “if any unavoidable cause exists.” Because dismissing the worker during that period is limited by the section 23 (1), Labor Standards Law. If that cause is due to the employer's fault, the employer will be liable to the worker in damages. By contrast, where the actual continuation of the labor relationship after the expiration of the contract period has caused that period to be impliedly renewed, the employer may dismiss the employee during the renewed period in the same manner, as under a contract without a fixed period. In conclusion, when the fixed-term become less important in the fixed-term employment contract, it is not only the cancellation of a contract under any unavoidable cause by the section 661, Civil Act, but also the dismissal for good reason by the section 23 (1), Labor Standards Law.

It is important for employer and employee to set up the term, when they conclude fixed-term employment contract. It is the basic purpose of the section 661, Civil Act to restrict the term, but if only there is under any unavoidable cause, the contract can be exceptionally canceled. By the Civil Code thus recognizing an equal right in both parties with respect to “freedom to terminate a contract”, the practical meaning of “freedom of dismissal” can given the essential inequality between employers and workers have the effect of adding to the employer's already superior economic power. Because the freedom of dismissal inflicts a major disadvantage on a worker who is dismissed, it is subject to a variety of controls. Where an employment contract is for an fixed period, the employer may not as a general rule dismiss the worker during that period, but is permitted “immediately to cancel the contract”(i.e., promptly to dismiss a worker) only “if any unavoidable cause exists.” Because dismissing the worker during that period is limited by the section 23 (1), Labor Standards Law. If that cause is due to the employer's fault, the employer will be liable to the worker in damages. By contrast, where the actual continuation of the labor relationship after the expiration of the contract period has caused that period to be impliedly renewed, the employer may dismiss the employee during the renewed period in the same manner, as under a contract without a fixed period. In conclusion, when the fixed-term become less important in the fixed-term employment contract, it is not only the cancellation of a contract under any unavoidable cause by the section 661, Civil Act, but also the dismissal for good reason by the section 23 (1), Labor Standards Law.

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fixed-term employment contract, freedom to terminate a contract, the resignation of workers, dismiss an employee, any unavoidable cause, dismissal, section 23, Labor Standards Law