How to break the contract with positive way with company in Taiwan? If we need to pay compensation to the company, then how much it is? After paying compensation, can we get experience certificate from company?
I am an Indian and working as an engineer from 6 months and my contract is of 2 years with the company.
Perhaps others have a different experience here, but I’ve found that it’s good to make sure they can save face. Don’t show you are happy about leaving. You must have some personal tragedy that you must take care of. I’m almost exaggerating here. How you feel about leaving is more important to the locals than you actually leaving most of the time.
If you are here with a work permit and ARC, and are changing to another job, the next employers will need to apply for the next work permit and ideally will get a employment termination form from your current employer. The next employer may be able to offer some advice and help.
The first question is, are you subject to the Labor Standards Act? Most people are, but ask the local labor department or the Ministry of Labor (not the WDA) to confirm it.
The second question is, what does your contract say? (And if applicable, what do the work rules and any related agreement say?)
The LSA requires a “proof of service record” i.e. a certificate confirming your (former) employment to be issued upon termination at your request. If they refuse, they will face an administrative penalty, unless the contract has not been properly terminated.
As for the termination itself, see this thread and the one linked to in it:
Family reasons (such as parents’ illness) are for some reason an infallible excuse in Taiwan. One guy I knew in Hsinchu told the boss he needed to quit to look after his parents in Kaohsiung–then took a job in the UK! I personally find this way of doing things to be ridiculous but it appears to be how things work here.
This reminds me of a time when I worked for a big company here in Taiwan. I led an apps team and I didn’t want people to be stuck at the factory until midnight. So I gave them an out. I said that they should tell the client that they have a meeting with their boss at whatever time they determined was reasonable for them to leave. I’d be at the customer site and my colleague would say, “See you at the meeting later tonight”. It’s terrible to that making an excuse about the demanding boss is the better way than just saying “I can’t work 16 hours days at your factory or I will die of exhaustion.”
Now after seven months we both terminated the contract, but I still have the same ARC company name on it, Can I stay in Taiwan with same ARC till I get new job? Can I leave Taiwan and come back again if I have this ARC?
Still, please remember that many foreigners have come to Taiwan, stood up to all kinds of oppressive evils, and created life changing impacts. They are loved by the Taiwanese from the bottom of heart, except the oppressors they fight. When they are gone, their names are written in Taiwan history forever.
You’ll need to go to immigration and ask to extend your ARCs to search for work. The company will have cancelled your work permits which why you could get an ARC. They should give you a termination letter that shows your last day.
It is best for you to go to immigration and understand your options straight from them for your particular case.