Hi everyone,
So the story is that I got a job offer from a company in Taiwan, but I have not signed any contract yet, only signed a report form which stated that I will report to the company.
They managed to get a Work Permit for me but I do not want to join the company anymore.
Is this okay for me to reject the position?
Can anyone shed any light on this please! Cheers.
Youâre obligated to any agreements you guys made, written or not, but no contract and no work performedâŚ? OK , or not, to withdraw is an ethical call and really up to you. Thereâs no more ârejectâ since you accepted the job offer - thatâs why they got the work permit. You are probably liable for the cost of the work permit if you choose to back out.
Does this report form state the duration of time you are agreeing to work for them? If so, they could take legal action if you were in Taiwan for any losses they incurred.
Would they? Iâd say unlikely as it would cost more than its worth generally.
Of course Iâm not a lawyer nor do I play one on TV so ⌠This is just my personal opinion
I donât know anything about you or what field your work is in, so this may not apply to you at all.
For the company to get you a work permit, Iâm pretty sure that you have to sign a work contract, provide them with a health check, and pictures. Itâs been a awhile since I needed one so maybe Iâm wrong.
In any case even if you did sign one the Labor Standards Act might apply to this situation (depending on what your job is). According to Article 16, since you have worked less than 3 months no notice is needed.
If you havenât signed a contract I donât see why you cannot reject.
this is not what the law says, iiuc. It says employerâs obligation.
Article 14 says when employees can terminate contracts.
I think so too.
Iâve been completely misreading that article for awhile now. I see it now where it says employer. So, is there no law that says how much notice an employee must give? Article 14 just says immediate without notice.
Itâs a shitty thing to do, but youâre not a slave.
But of course you lose your work permit and thus your visa status is in jeopardy.
Exactly.
Your work permit is tied to the company and the reason it exists at all is because they need you and applied for it. When you quit, then the reason for you to have a visa ceases to exist and the permit becomes invalid, making your visa invalid. You may have a plastic ARC or letter that says you may be allowed to stay say until December 2021 but it will be just decoration as it will not be valid. You cannot use it to stay in Taiwan nor find another job.
At this point you must honor your contract, at least Iâd say 3 months, quit if you do not like it, and apply later for a job seeking visa. Then find another job with a different company that will apply for a new work permit for you.
One more time: the work permit is never yours, not unless you have a good card or a permanent residence.
Where does the âmustâ come from here? This post comes across as a bitâŚpuritanical or judgmental to me, at least without knowing the full story.
I agree with the comment above - itâs a somewhat shitty thing to do once youâve entered into an agreement, but OP isnât a slave and can ultimately break the agreement if they choose. And before people start cracking out the violins for the poor employer, one wouldnât have to look too hard to find stories of ASEAN workers being mistreated by Taiwanese companies (Iâm judging from OPâs username here).
The work permit stuff is undoubtedly true (if, again, a bit stern), but thatâs not really what OP asked.
Yeah, I read again, he has not signed. But I wonder if just the verbal agreement puts him in some kind of legal bind.
If he doesnât want to come, well, donât. The sooner he speaks up the better. Family issues as excuse always work.
I donât think NIA would give him any issues about a new work permit with a different company, right?
What did he ask then? The answer given states that if OP wants to use the current contract to springboard themselves into another job or ARC, this is likely the best option.
If OP just wants to cancel the contract, theyâre free to stay home, not board that plane to Taiwan. No need to post here.
He/she asked if itâs âokayâ. I think it goes without saying that if someone doesnât take the job, they donât get to use (or need) the work permit for that job, no?
I actually read it as the OP already being in Taiwan and wanting to know if he/she would get into serious trouble by cancelling the process at this point. If theyâre not even in the country and are being recruited from abroad, it would seem even less of an issue (albeit with burning some bridges, of course)âŚbut OP didnât say anything about wanting to find an alternative job in Taiwan or come here either. 
OP would need to clarify those things - I just mean you canât really force someone to proceed with a job they no longer want, as long as they accept the consequences of that decision (professional and whatever theyâve signed a contract agreeing to).
Exactly, I couldnât agree more. The advice given appears to be to stick it out 3 months then resign, get a job seeking ARC for the minimum amount of hassle. Assuming the person is here already in TW.
Theyâve been given what some feel is safest option. Itâs just advice, take it or leave it.
Global pandemic, Taiwan ARC is worth more than gold (to me at least). If OP wants to test the limits of his employer and immigration, thatâs their business. I hope they report back and tell us how it went.
Legally, either you have a contract, or you donât. A contract doesnât need to have the word âcontractâ in it. It doesnât even (in most cases) need to be in writing. You have something in writing, but what does it actually say?
Art. 14 only applies in limited situations, basically when the employer does something nasty. If the contract itself provides for termination by the employee (or worker) with notice but without cause, thatâs a higher standard than what the LSA requires, but itâs kosher. If the contract doesnât have such a clause, and the employer doesnât do anything nasty, youâre basically stuck until the end of the contract (or until you get fired or laid off) unless you have a Civil Code Art. 489 situation.
You signed a form so whatever you signed would be legally binding.
This.
Yup , should offer to work there until they find simeone else , maybe? They could also be well conected . I would be pissed if I was them.
Usually but not always.