Notice of Resignation - Less than 3 Months


#1

Hi All! I have read through the forums and can’t find a definitive answer to this question. Do I need to give notice if I have worked for my organization for less than 3 months (going on 6th week)? So far I have found some posters saying that no notice needs to be given but nothing found in the labor laws can back this up. In fact, the labor laws don’t mention anything about giving notice if working less than 3 months (from what I can find). It only states: more than 3 months and less than 1 year = 10 days notice.

Any help would be greatly appreciated! I won’t go into specifics with my current work only to say that I have worked there for less than 3 months and I plan to return home within the the next 10 days. I’m not worried about an ARC, work visa, or pay. I am worried, however, about returning to Taiwan and being able to start a business within the next year.

Thank you for any help!!


#2

You don’t need to give advance notice at all if you have a valid reason to terminate, as explained here:

If you’re terminating without cause (Art. 15), and it’s not permitted by the contract, you need the employer’s consent. The exception is if you have a non-fixed term contract (which you probably don’t, even if it looks like one) or if you’ve already had the job for three years.

If in doubt, ask a lawyer or the labor department. :2cents:


EDIT

Replied in a hurry. Let me clarify:

If LSA Art. 15 applies (which shouldn’t be presumed), the notice period is determined by Art. 16.

If you use Art. 14, there’s no minimum notice period.

If you use Art. 15, and the work period is less than 3 months, there’s no minimum notice period.

Again, make sure you’re terminating the contract properly. They should give you a letter saying you no longer work for them (離職證明書 or 服務證明書). The safe way to terminate is to use a legal deposit letter, but an email should suffice. If the termination is proper, but they don’t give you the letter, they can get in trouble for violating LSA Art. 19.


How to break the contract with positive way with company in Taiwan?
#3

Thank you very much for the reply yyy! I appreciate the follow up. I am trying to get a hold of the Department of Labor’s “Rules of works, conference of labor and capital” office to verify. Although I’m sure they will say the same as mentioned above. This info is much appreciated!


#4

I’m not sure where that division of the labor department is located. At City Hall (I assume you’re in Taipei) you can consult a lawyer for free on Wed/Fri afternoon (last time I checked) in the labor department, with interpreters available, or any day on the ground floor (no interpreters).

Let us know what they tell you.