Can I quit my job and start my own business?

From last 2 years I am working with one compny in Taiwan
For my Taiwan arc I singed 3 years contract with compny
Now I want to work my self in Taiwan
But my old boss not like I left the job
They don’t want to cancel my contract
Now if I am broke contract what happened?

You should review the contract if you can. If you have an ARC through your company you will have the ARC cancelled and you must leave the country soon. I don’t think breaking the contract is a good idea. Why do you want to break the contract?

I have come better opportunity come

I think you can give notice if you want to end a contract prematurely. Then leave the country and re-enter on a 90 day visa, set up your business and get a new ARC. Now, why does this sound familiar? Oh right…

Not sure this thread is different enough from your last one to warrant a new one.

I knew there was more to the story. Why didn’t you mention you had a three year contract in the other thread? That’s some pretty relevant information to why you thought your boss would block you from Taiwan and didn’t want you working for somebody else.


A post was split to a new topic: Just wait

If I remember correctly, you already broke the old contract, you left Taiwan, and your previous ARC was canceled.

Now, you are back in Taiwan again with visa-exempt entry, and trying to get a new ARC based on your own business, right?

If you already terminated the contract, and your employer did not dispute the validity of the termination (you should have received a 離職證明書 or similar confirmation), you should be free to start something new (see below).

If you haven’t terminated the contract:

  1. Does the Labor Standards Act apply?
    For most jobs the answer is yes, but if in doubt ask the labor department in your city/county (or contact the Ministry of Labor to get an answer in writing, in Chinese). If the LSA applies, you can terminate the contract without advance notice if the employer violates Art. 14, for example by breaking the law in a way that harms your rights. (You could use Art. 15 if your had worked at the job longer than 3 years or had a non-fixed term contract, but you have a fixed term contract and have only worked at the job for 2 years.)

  2. Is there a “serious occurrence”?
    Whether or not the LSA applies, all “employment” jobs are subject to Art. 482 to 489 of the Civil Code (but independent contracting jobs are not). If the employer’s behavior constitutes a “serious occurrence” under Art. 489 of the Civil Code, you can terminate the contract. There may be other situations (not just the employer’s fault) in which Art. 489 applies, for example if a natural disaster makes it difficult to continue working, but obviously you can’t count on that.

  3. What does the contract say?
    If the contract (including the “work rules”) contains a clause allowing you to terminate the contract, of course you can use that clause under the right circumstances.

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

Now I want to work my self in Taiwan

You can try starting a business after you complete or terminate your contract.

If you want to work as a freelancer, it’s very difficult (legally) unless you have an APRC or a marriage-based ARC, as we have discussed in several threads over the years. When the new “foreign professionals” law comes into effect, you can try applying for a “gold card”, but it’s not clear whether that will be easy or not.