Suppose I sign a 1-year contract and I resign from my job before the contract ends. Under Taiwnese law, is it legal for an employer to make an employee pay a penalty?
There are probably at least a dozen or so threads on this topic you can search for, but I believe that fines are allowed in principle as long as they’re reasonable rather than punitive or excessive. I don’t think they’re allowed to be deducted from your salary without your consent.
You should probably check what it says in your contract first. The Labor Standards Act is worth reading too (it also states some legitimate reasons for not fulfilling your contract, in case they apply to your situation).
In practice, you’d hope that you’d be able to work something amicable out with your employer and that they’d recognize the advantages of not having someone around who doesn’t want to be there.
One’s employer is allowed to sue one for breach of contract. One’s employer is not allowed to deduct money from one’s pay.
I think that sums it up?
i think it also depends on the type of work and what the employer provides.
- If you signed a contract that is project based (e.g. write a manual for them) and quit in the middle, they are entitled for compensation.
- If the employer provided you with training (e.g. specilized training course or studies) then they can ask for compensation.
if you join as a “regular” salaried employee (e.g. a sales person) and decide to quit half way I dont think its a big deal, people quit all the time.
Argue that your bosses are all incompetent. Have them prove they aren’t a bunch of drunks and drug addicts. Have then produce one of your supervisors that are both qualified and competent.
In probably 99.9% of cases of foreigners leaving their jobs here, it’s because of something illegal or immoral that the boss is doing. Take your issues to the labor bureau and figure out what you can do to get out of the contract on the basis of moral problems. Contract breaking fines are essentially blackmail, so while I don’t support blackmailing your employer, it is an “easy” way to get out of the often insane fines they try to charge (often higher than I’ve seen for a lot of schools on the US that paid for a portion of their teachers’ advanced degrees)
I think people leave because the atmosphere sucks. If the atmosphere is great, they can look the other way easily.
Yeah but there’s almost always something illegal going on, no matter what the school. I just started at my new job, and while I love it so far, I’ve already started a list of things they’re doing that are illegal, just in case things go south. It’s something I never would have done in the US, but it’s a matter of self-preservation here to be aware of what you can do if something doesn’t go in your favor and you need to leave without consequences.
Gees only a few replies and they’ve covered pretty much everything anyone needs to know about working in a buxiban in Taiwan.
Definitely look into the illegal/immoral part. The incompetent part is also well worth looking into. Even mentioning the Labour Bureau might get them to amicably release you from your contract. Something like “oh by the way I’m dropping by the Labour Bureau tomorrow to have them look at my contract…” type conversation starter.