Paid leave and contract termination

[Protonpack]

In my contract it stipulates that I em entitled to ten days paid leave per year. There’s a strong possibility I will be leaving my job before my contract finishes due to issues outwith my control. I have two things I’m unclear about.

1. I’ve only been in the job for about half a year. Am I right in thinking that I am only required to give ten days notice? The contract states that early termination is dealt with in accordance with the Labor Standards Act.
2. If I end the contract and give notice (I’m hoping to be able to give more than the minimum ten days), is my employer still bound to give me those days of paid leave? Or would I get portion of them depending on how much of my contract I had completed, for example five days if I had worked six months?

In my ideal scenario I’d like to give about a month’s notice, get everything in order before I leave, and have the last ten days of that period be my paid leave. I know this would work back in my birth country but I’m not sure about how the law sees it here.

[yyy]

First, figure out how you’re going to terminate the contract.

Notice period for two-year fixed-term contract

I’ve skimmed through several previous threads and the Labor Standards Act to no avail - does anyone know what the required notice period is for leaving a job with a fixed-term contract lasting two years? Asking for a friend. Articles 15 and 16 of the LSA seem to refer to fixed-term contracts of more than 3 years (30 days notice after 3 years) and non-fixed-term contracts of any length (10 days notice for more than 3 months but less than one year, 20 days notice for more than 1 year but less tha…

[Protonpack]

Thanks for posting that, although it doesn’t give firm answers for my situation. I’m on a one-year contract which I renew each year, so it seems the LSA doesn’t have a provision for that. Am I reading that correctly? In that case I suppose I simply have to hand in my notice and hope my employer decides suing isn’t worth the time and effort involved.

[yyy]

If your employer has been violating your rights, you may be able to use LSA Art. 14. If that doesn’t seem viable, negotiating a settlement is probably the best option.

Btw, your entire period with the employer should count as a single employment period (for 年資 purposes) despite the contract theoretically being “new” each year.

At this point, it’s probably best to talk to someone at the labor department in the city/county where you work.

[Protonpack]

Okay, I’ll see if I can get a chance to visit the labor department next week. There was no rights violation, so a settlement is probably the best option.