Contractual Matters


#1

Please could those in the know help me.

I have been in Taiwan for 6 months.

I signed a contract with an agent in my home country (yes I know- what was I thinking). The contract was in English (I don’t think that there is a Chinese version - I certainly didn’t sign a Chinese version).

I may have to leave for home before my contractual 365 days are up.
In the contract the item that touches on rescinding contract is the following clause:

"For whatsoever reason, the employee will remain responsible to the employer, for any or all costs inured by the employer related to location or relocation of the employee to the place of work, should the employee breach the terms and conditions of this contract.

Furthermore, the employee will be responsible for any or all costs incurred by the employer related to the location or re-location of the employee to the place of work, should the employee terminate his contract within the first six months for whatsoever reason."

Should I have to leave before the end of my contract. I would like to know the following:

  1. As I have not contracted out of Taiwanese common law with regards to rescinding contract. What is the law on breaking a contract. In my home country it is standard to give a months notice. What is the law in Taiwan with regards to breaking contract? Especially in terms of liabilities.

  2. What am I legally required to do before I leave the country. (Taxes are handled by my school).
    Do I have to notify the authorities with regards to cancelling my visa? Which authorities?

  3. I would certainly like to return to Taiwan within the next 3 years. What could the agent do to prevent me from doing this. How can I prevent them from doing it?

I would preferably just like to leave (without giving notice) as I have heard many (verified) stories about my agent with regards to employees who “sour working/contractual relations” with this agent. Can I do this?

Thanks for the help
~ MrSmith


#2

According to an official at the Bureau of Labor Affairs (BLA) of the Taipei City Government, tel: (02) 2720-8889 ext. 1002, regardless of whether you are covered by the Labor Standards Law or not, you can still drop by their department to lodge a grievance against a local employer, or to inquire about your work rights. If necessary, they will arrange a formal meeting so that an employer and employee can discuss and negotiate their differences of opinion in front of a BLA representative.

I assume that all local city and county governments would have similar services.