Hello everybody , I just wanna confirm something due to my friend , a local taiwan friend said his company need some amount of money which 25 million NT to terminate his working contract? Is it true that in TAIWAN have such kind of LABOUR LAW??
NT$25,000,000?
haha. No.
Is the friend a pilot?
They may pay millions.
Nope not a pilot he doing a livestream apps like Snapchat under a weird company with this kind of contract
I was shock when he tell me this kind of story and just wanna make sure whether is true that TAIWAN have this law of labour
The law says
Article 15-1
An employer shall not make a minimum service period agreement with an employee unless one of the following requirements has been met:
- The employer provides the employee with professional skills training at the employer’s expense.
- The employer provides the employee with reasonable compensation to comply with the minimum service period agreement.
The minimum service period agreement referred to in the preceding paragraph shall be considered in terms of the following conditions and shall be limited in a reasonable range: - Period and costs of the professional skills training provided by the employer to the employee concerned.
2.Possibility of replacing the employee concerned by other employees engaging in the same or a similar job.
3.Amount and scope of the compensation provided by the employer to the employee concerned.
4.Other matters influencing the reasonableness of the minimum service period.
Any agreement in violation of the preceding two paragraphs shall be null and void.
If the labor contract is terminated prior to the completion of the minimum service period due to any cause not attributable to the employee concerned, he or she shall not be deemed as violating the minimum service period agreement and shall not be obligated to reimburse the training expenses.
For any job subject to the Labor Standards Act (the law Tando has just quoted), the worker has the right to terminate the contract in certain situations (see also Art. 14), and the employer cannot deduct any breach penalty from the worker’s wages. (We have discussed this many times before; for more information, please search for previous threads about contract termination.) The employer can request payment of a breach penalty in accordance with the contract, but if the worker refuses to pay, the employer needs to file a civil suit, and the court will reduce the amount of the penalty if it’s too high. A $25,000,000 penalty sounds outrageous, unless the wages are very high.
For a job not subject to the LSA, generally speaking, the terms of the contract prevail. However, the Civil Code still applies, and therefore a contract clause may be found unenforceable if it’s “obviously unfair” (顯失公平).
Your friend should contact the labor department in the city/county where the work is performed and ask for advice as to whether or not the LSA applies. If there’s any doubt about the employer’s identity (like if it’s more than one company and they keep changing their names), try to clear that up first. If a foreign company is involved, the contract may contain a “choice of law” clause to establish the jurisdiction, but Taiwanese law may apply anyway.
When in doubt, ask a lawyer. The labor department can arrange free short consultations with lawyers on certain days.
Alright thanks guys I will discuss with him again about this
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