Been offered a job, three month notice period, is that allowed?
What does that mean? Three months notice before you quit?
Yeah, so if you want to quit, you have to tell them three months in advance before you leave.
If you give less of a notice, what is the consequence outlined in the contract?
Requiring notice is normal.
Usually ranges from 1 to 3 months.
It is the consequence that matters most.
Your contract should state it.
Here’s the thing about teaching contracts here: unless they tell you they’ll dock your pay, written in the contract, you could, if you chose to, up and leave at any time. People would hate you, but there’s no legal ramifications if they don’t outline them in the contract
Enter, social ramifications. But ya, legally just follow national laws and yor contract.
After that, be aware taiwan is a very petty and jealous culture so plan accordingly. This all assumes you are as important as you think you are to them.
Labor law actually only requires you to give one week notice if you’ve been at the company for less than a year. If you’re at a company for 3 years you’re required to give 30 days notice.
So no it’s not legal for them to require that but I think it’s quite standard in most buxiban contracts.
It’s also not legal to dock your pay or any other such nonsense. Go to the labor bureau if you get threatened with something like that.
It’s going to be a tricky clause to argue about if you want to get the job.
if it is a fixed term contract, rules are different, iirc.
One month is required after 6 months of service, 2 months is required after one year. Before 6 months I think it is less than one month, (two weeks I think).
Anyway if it goes both ways it is good for you as they have to give you three months notice before they “let you go”. Well actually they do not as the LAW works both ways.
Do you want to work for a company that already has an illegal clause in its contract. I thought the days of indentured servitude were over
Articles 9, 14, 15, and 16 of Labor Standards Act are relevant.
If your contract is with a fixed term, and it is your first contract with the employer, you have an obligation to complete the contract unless there is some flaw of the employer, or a condition to terminate the contract is written in the contract.
They can’t withhold your pay, but my understanding is that they can charge you for “damages” if you leave early, after they’ve given you your last paycheck. Depends on whether or not you plan on fleeing the country
A school tried this with me. Problem was my contract had expired about a year earlier. Didn’t stop the manager from going full retard. Another school tried this with me. Or they tried to get 1 weeks free work out of me. My contract had expired 6 months earlier. If you are part time you are only required to provide 2 weeks notice. Professionally 1 month would be normal. Taiwan? Your guess is as good as mine although most of the stuff they have in the contracts wouldn’t pass the Labour Bureau legal requirements anyway.
This is a common misunderstanding. Labor Standards Act Art. 16 only applies when (1) the employer terminates the contract in accordance with Art. 11 or 13, or (2) the worker terminates the contract in accordance with Art. 15, which would be very unusual for a foreigner.
You may think you have an indeterminate (non-fixed term) contract, but as a foreigner you cannot actually (legally) have such a contract unless you are a permanent resident, according to the Supreme Court, so if the contract claims to be indeterminate but you don’t qualify, the length of the contract is automatically reduced to fit your period of legal residency.
Bottom line, for the vast majority of foreign teachers, there’s nothing to invalidate a three month notice period in a contract.
Yes, well, that would be different.