Hey guys I’ve searched the forum thoroughly for all the info on this, and found a lot of helpful stuff. I plan on getting free legal consultation and asking the relevant government agencies as well, but just wanted to see if anyone had any evidence-based input. Here is my situation:
I am an American who entered the country about a month ago and JUST (a week ago) started a job in Tai Chung teaching English at a small Bu Xi Ban. They recruited me from overseas, I did the whole quarantine thing and now I’ve just received my ARC. Unfortunately, things reaaally aren’t working out for me at this school and I need to leave to find another job here asap. They haven’t done anything blatantly illegal as far as I know, but without getting into specifics, I just gotta go. The contract I signed is for a year, but I want to leave the job soon. Please don’t tell me “stick it out”. Contract says nothing about termination except that I can’t terminate the contract early, and if I do I’ll need to pay them a $15,000 NTD fine. Honestly, I am happy to pay them the fine at this point, if it means I can terminate the contract.
First question, is the typical year long Bu Xi Ban contract (with opportunity for renewal) considered a fixed term contract or a non-fixed term contract? I’ve seen advice suggesting both.
Second, given the type of contract I have, how much notice am I legally required to give? I’ve seen different guidelines based on the Labor Standards Act, but what I saw specified only when the contract was terminated after at least 3 months. What If I terminate the contract before 3 months of work? Can my employer legally refuse to terminate the contract?
Third, I really want to look for another teaching job in Taiwan, will I have any trouble getting the 6 month ARC extension given that I JUST got my ARC and only just started this job? I’m not sure how immigration will look upon this, or if they won’t care as long as I have my employment termination agreement.
Fourth, in a worst case scenario where my ARC gets cancelled and I can’t get the extension, what are my options? I really want to remain in Taiwan, I just need to find a different job.
If anyone can provide non-speculative advice or share their relevant experience with this kind of thing, I would really appreciate it!