Quitting in Probation Period

Legal Legal - Work
1

The contract states a fine for breaking contract but it also mentions a two month probationary period where I can be let go without notice.
It’s not clear whether like in England that probationary period goes both ways.
So I am also able to leave without notice and not pay the fine without the first two months?
From what I’ve been reading on the forums it doesn’t sound likely…but most of the threads were about people being fired unfairly in the probationary period.

2

I can’t answer your question, but consider this…

If you feel any pain, then you should go to a doctor and take sick leave for as long as your body needs to recover. But take into account that Taiwanese employers do not like their employees taking sick leave and might let you go in your probation period.

If you don’t feel any pain, then consider reading a few threads in
https://tw.forumosa.com/c/politics/international-politics

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3

It goes both ways. I’ve given notice after 2 weeks. You’ll even get the 6 month ARC extension.

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4

If this is a normal job under the Labor Standards Act:

  1. The breach penalty cannot be deducted from the worker’s salary. The employer needs to sue the worker for it, which could easily cost the employer more than the penalty, and the court would have the power to lower the penalty anyway.

  2. When the law requires a notice period for a termination by the employer (usually Art. 11), but there’s no notice period, the worker is entitled to pay in lieu of notice, and this pay is combined with severance pay (tax free). The probation period makes no difference, because the law prevails.

  3. The law does not require advance notice for an Art. 11 termination when the worker’s seniority (employment period) is three months or less, but (very small) severance pay is still applicable in accordance with Art. 17, or in accordance with the Labor Pension Act if the worker is in the “new system”. If you’re new here, you’re probably in the “old system”.

  4. When the contract is more favorable to the worker than the law, (that part of) the contract prevails. So, read the contract to find out whether or not you can use the probation period to your advantage.

  5. Keep in mind that a worker with grounds for an Art. 14 termination can terminate the contract with no advance notice period, probation or no probation, and still claim severance pay.

For a job that is not subject to the LSA, generally, the contract prevails.

You can get more information at your local labor department. You can probably also have a free short consultation with a laywer, depending on which day of the week it is.

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