酒醉駕車者,除了可依道路交通管理條例處理罰鍰,甚或依刑法「不能安全駕駛罪」而被起訴外,更可能損及自身利益。
按,依勞動基準法第12 條之規定,受有期徒刑以上刑之宣告確定,而未諭知緩刑或未准易科罰金者,雇主可不經預告直接終止契約。另依同法第18條,勞工經雇主依第12 條解僱者,不得向雇主請求資遣費。
由於依刑法第185-3 規定,酒醉駕車且酒精濃度達一定標準者,可被處三年以下有期徒刑。如果民眾因酒駕而被論以有期徒刑確定而未諭知緩刑或未准易科罰金者,雇主依法可即刻解除契約,且不需給付任何資遣費!
If you drive under the influence of alcohol, you may face not only a fine under the Road Traffic Management and Penalty Act, or even be charged with the criminal offense of "inability to drive safely"
under the Criminal Code - but you could also lose
important rights, such as severance pay, if you are fired from your job because of it.
According to Article 12 of the Labor Standard Act, if a worker is sentenced to imprisonment (or a more serious punishment and the sentence is final - without probation or the option to pay a fine instead - the employment contract without prior notice.
Furthermore, under Article 18 of the same Act, if the worker is dismissed under these conditions, they are not entitled to receive severance pay from the employer.
According to Article 185-3 of the Criminal Code, if someone drives under the influence and their blood alcohol level exceeds a certain limit, they may be sentenced to up to three years in prison. If a person is convicted of drunk driving and receives a prison sentence that is final - without probation or the option to pay a fine instead - the employer has the legal right to immediately terminate the employment contract. In such cases, the employer is not required to pay any severance.