Breaking contract visa question

Legal Visa & Residency
1

Hi there, I just want to preface this by saying that I know I have made a mistake by taking on a job I’m not qualified for, I’m really not looking for judgement on that, just some insight/advice on whether I can continue to stay in the country.

Basically, I’m currently working at a buxiban in Taipei and I hate everything about it.

The school haven’t particularly done anything wrong, other than offering a few things before the contract signing that never materialised (such as training, which it was naive of me to expect them to come through with anyway). And leading me to believe I would be teaching a completely different age range than I’ve ended up with.

The problem really is mine, I made a mistake thinking I could do the job. Classroom teaching is not for me, and the school is incredibly disorganised. The last minute nature of the job is leaving me extremely stressed out.

Right now, I’m at the point where I’ve lost a lot of weight as I can’t sleep, or eat due to stress and it’s really taking a toll on my health. I do not want to stick it out to see whether things improve as I’ve felt this way since day 2 of working there, I don’t foresee it getting better in the future (especially as all of the other foreign teachers seem to be willing their lives to end every second they are at work), and it’s having a strong negative impact on me. I’m just not the right fit for the job, I feel that I’m torturing myself unnecessarily by continuing to work there, and no job is worth this much.

There is nothing about giving notice in my contract, just a clause that states that if I end the contract early I would have to pay for the cost of replacing me, for which I am expecting the school to just withhold any unpaid wages.

Basically my questions are…
I haven’t been working there for too long. I have only just received my work permit, and haven’t yet applied for my residence visa, nor my ARC. If I were to quit, presumably my work permit gets cancelled. But without the residence visa or ARC, I am still in Taiwan on a landing Visa right? I would like to stay in Taiwan for now (but won’t be looking for another teaching job), is there any need for me to do a visa run right away or am I fine on my current landing visa? Legally, should I worry about any repercussions from quitting, having worked illegally (or from anything else)?

Also open to advice on the best way to go about quitting to make it as quick a transition as possible (I really find the job unbearable). How much notice do I need to give to be fair (I’ve been there for less than 3 months)? And without an ARC I’m a little worried about continuing to work after I tell them I want to quit tbh, am I being paranoid?

2

If you’re working illegally the school can’t make a complaint if you break contract early.

EDIT: Sorry, you were working illegally.

1 Like
3

I don’t think they will make a big deal out of you leaving. Stuff like this does happen quite often. If they haven’t applied for your ARC then you should have no problem staying the three months that is allowed for a tourist. Double check with the school to make sure that is the case. They may try to keep some of the money you have worked for but if you make a fuss they will probably back down.

4

yes

if you could find a teacher replacing you, they may release you right away.

if your work permit is already issued, I think you may be ok to work for 15 days or so without ARC. You may want to confirm this.

Article 14 of labor standard act

A worker may terminate a labor contract without giving advance notice to the employer in any of the following situations:

  1. Where an employer misrepresents any fact at the time of signing a labor contract in a manner which might mislead his/her worker and thus caused him/her to sustain damage therefrom.
  2. Where an employer, his/her family member or his/ her agent commits violence or grossly insults the worker.
  3. Where the work specified in a labor contract is likely to be injurious to the worker’s health and the worker has requested his/her employer to improve working conditions but all in vain.
  4. The employer, the agent of the employer, or co-worker suffers from a noted contagious disease that may infect employees working with the infected person and seriously endanger their health.
  5. Where an employer fails to pay for work in accordance with the labor contract or to give sufficient work to a worker who is paid on a piecework basis.
    6. Where an employer breaches a labor contract or violates any labor statute or administrative regulation in a manner likely to adversely affect the rights and interests of the particular worker.

If an employee intends to terminate the contract in accordance with Subparagraph 1 or 6 of the preceding Paragraph, he or she shall do so within 30 days of the date the employee became knowledgeable of the situation. However, the employee shall do so within 30 days of the date of the employee knowing the result of damages in the event the employer falls under any of the circumstances specified in Subparagraph 6.
An employee shall not terminate the contract under any of the circumstances specified in Subparagraph 2 or 4 of Paragraph 1 if the employer has terminated an agency contract, or if the party suffering from a noted contagious disease has received treatment in accordance with health regulations.
The provisions of Article 17 shall apply, mutatis mutandis, to the termination of labor contract pursuant to this article.

5

You’ve been working 3 months illegally? Just leave. They can’t do anything to you anyway.

6

The school probably won’t be too helpful on this point. I doubt the school will want to help him with much of anything once he makes clear he’s leaving.

7

Tando! :astonished: How could you?!

It’s a visa-free entry, not a landing visa! :no_no: :no_no: :no_no:

3 Likes