Am I screwed?

So I quit my job today because I have found a better one. Here’s my problem. My contract expired on May 31 and prior to its expiry my boss and I verbally agreed to the new terms of the contract. Everything stays the same except for pay and hours. So the contract says that if I want to quit I need to give 15 days notice. I did just that on the 9th of June hoping to be gone from there on the 24th of June. My boss is saying that those 15 days don’t mean anything anymore and because it is my 2nd year here, and I have to give him at least one month.

Correct me if I am wrong but if your contract states anything regarding quiting or being fired other that what the CLA says, then the contract stands and it is what you should adhere to.

The new school I will be working at will be sending my ARC transfer in on the 10th of June. So I am assuming I should here back from them realtively soon. Can my ARC transfer be blocked? Is there anything else I should worry about? :help:

Thanks
stare

To my knowledge yes. The contract states an exception to the law in that matter and rules.

I don’t think so.

Article 1 of the Labor Standards Act says that you can’t agree to conditions that do not meet the Act’s minimum standards. This goes for the employer as well as the employee.

為規定勞動條件最低標準,保障勞工權益,加強勞雇關係,促進社會與經濟發展,特制定本法;本法未規定者,適用其他法律之規定。
雇主與勞工所訂勞動條件,不得低於本法所定之最低標準。

I think you need to give 20 days notice because you have worked there for between one and three years. I’ll check and see if you need to compensate your employer if you leave early.

[quote]I don’t think so.

Article 1 of the Labor Standards Act says that you can’t agree to conditions that do not meet the Act’s minimum standards. This goes for the employer as well as the employee.

???
???

I think you need to give 20 days notice because you have worked there for between one and three years. I’ll check and see if you need to compensate your employer if you leave early.[/quote]

You are right!
That is totally different than back in Germany…

With the compensation, I could not find a regulation which states that the employe has to pay a compensation. I would think that if an employee leaves earlier then the notice period then he violates his contract since the contract is still valid until the end of the notice period and you could say that the employer has a right to keep a portion of the last wage. But more than that I would say would be odd. Just a thought…

Nevertheless, I still think parties should be allowed to make exceptions and to my understanding and what we have been taught in university it is up to the parties to say if the regulations stated in the applicable law or individuell agreed regulations shall aplly (only certain regulatrions are final and are not begotiable between parties). Or Iam totally wrong and should not have slept in university when we had this lesson :blush: