Hi. I have recently decided to switch companies, for a variety of reasons, including low pay and long hours, and a contract I signed without knowing enough about the working situation in Taiwan. (This is my first time teaching overseas). Once I discovered the raw deal I had been given, I made a good faith effort to stick with the company and ask for a moderately improved situation, which they verbally agreed to, and then didn’t follow through on. I have been offered employment by a company I much prefer, also in Taiwan but in another city, and would like to switch. I have only been working at the former company for about 6 weeks, and they have only just finished applying for my work permit–I still don’t have my ARC, and I’ve got a little time left on my visitor visa.
Although I was encouraged by some to just flat out leave the company, and switch to the new one (since I don’t even have my ARC yet), I didn’t feel right about doing this. Instead of taking the easy way, I grit my teeth, and went in to my boss to tell him I would like to switch companies, and that I would gladly pay the contract-breaking fine, and provide 30 days notice. To say that this resignation was not accepted gracefully would be understating the case. It just was flat out not accepted, and so my attempt to deal with this professionally apparently will not work. They are not accepting my resignation, and now I just want to get out.
My question is this: I want to make absolutely sure that I am not banned from working in Taiwan–So, is it true that I do not need to provide notice, if I do not have an ARC yet? I believe they’ve finished applying for the work permit, but I’m still here on my 60 day visitor visa. Am I safe to leave?
My second question is: am I right that if I do leave, I need to leave immediately–that once I have my ARC, I must provide notice to them (which they are apparently not accepting, and I am no longer interested in giving)? On tealit’s website, it says that 10 days notice is required if you’ve worked at a company for 3 months to 1 year, but makes no mention that I can see of what’s required if you’ve worked there for less than 3 months. Is 10 days notice still required? If I leave right at this moment, I will be forfeiting about 6 weeks of pay, and I’ll have to fly to Hong Kong for a visitor extension. In just a couple weeks, I could make a much smoother transition, and I can just add the new company to the ARC I’ll have. I guess I still also have just a strange sense of duty, since in the process of completely ignoring my definitive declarations that I was quitting, they told me once again that changes would be made–changes I was no longer asking for, but they kept talking about anyway. Now that that discussion is over, I can’t help but look back on it and wonder whether maybe I should give them every last benefit of the doubt. Two more weeks would allow me to do that, although I have little faith that they’ll follow through any better this time than last.
Thanks very much for any help you can provide. If no one has the legal answer to this question, I would also be most appreciative of a referral to an appropriate lawyer. If you are confused about what I mean when I say "they will not accept my resignation," I can only say that I am equally confused. I have never had a business encounter like this--perhaps it is a cultural difference. No matter what I say, and no matter how definitively, heads nod, protests are made, empty solutions offered, and no acknowledgement that I'm leaving is made. I know I can send a certified letter, but the whole thing is feeling weird enough now that I am no longer have faith in what I consider normal professional protocol.
Thanks again for any information anyone can provide.