Quitting

I am working for a school and I don’t have a contract. Everything is legit ARC and all of that. But I hate my boss and want to quit. He never gave me a contract to sign so I don’t know what the rules of engagement are if I want to quit my job. Do I need to follow the ruels that are prescibed by TEALIT or can I find a new job, get my ARC transferred, and leave on a moments notice.

Thanks stare :notworthy:

Firstly, the fact that you did not sign a contract does not mean you do not have a contract. In general, if the parties have not agreed that the contract shall be made in a certain definite form (Article 166 Civil Code), the parties enter into a contract after reciprocally declaring their concordant intent (Article 153 Civil Code. In other words, a contract can but must not be in written.

Secondly, labor contracts are either fixed-term contracts or non-fixed term contracts (Article 9 Labor Standards Law).

I guess your contract is like other contracts of teachers a one years contract. That means it is fixed for one year.

According to Article 4 Labor Standards Law, you can terminate your contract (both fixed-term and non-fixed term) whithout prior notice, when

  1. an employer misrepresents any fact at the time of his signing of a labor contract in a manner which might mislead his worker and cause him to sustain damage therefrom

  2. an employer, his family member or his agent commits violence or extends gross insults at his worker.

  3. the work specified in the contract has the danger of ruining the health of a worker (…)

  4. an employer, his agent, or other worker has contracted infectious diseases having the danger of contagion.

  5. an employer does not make wage payments according to the contract, or does nor give sufficient work (…)

  6. an employer violates the provisions of a labor contract or labor laws and regulations liable to sustain damage to the rights and interests of a worker.

Under the aforementioned circumstances a worker shall terminate the contract whithin 30 days from the date he becomes aware of the particular situation.

Given that one of that is the case, the law (as far as I know) does not stipulate a notice period for regular fixed-term contracts. But, Article 15 Labor Standards Law says, that in case of a special fixed-term contract for a term of more than three years, the notice must be 30 days.

The same notice period applies if an employer wants to terminate the contract.

As a conclusion, if you give a 30 days notice you should be fine.

Hope it helps a bit

Just thought about that and I think it is not 100% correct.

The reason why there is no regulation except from Article 14 Labor Standards Law for a termination of a fixed-term contract is simple: a fixed-term contract is fixed for a term and shall be valid for this period. Only under certain circumstances may a party be allowed to terminate the contract before the set date. These circumstances are in Article 14.

A different case is whe a fixed-term contract is entered for a longer period of time (more than 3 years). Because in that period my facts occur which did not present themselfes at the time the parties entered int that long term contract.

Easier with non-fixed contracts. in most case not morethan 30 days are required.

As a result, you may have to check what kind of contract you have even you did not sign one.

I have a similar question. I have a contract and I am am legitimatly employed at a buxiban. My contract states that if either party wants to cancel the contract all we need do is give 2 weeks notice. The thing is my contract is set to expire at the end of this month. My employer has not showm me a new contract although we have agreed to pay and hours verbally for the next year. Will my ability to terminate the contract still be as easy. Or will I need it in writing.

Aragon 999

I would suggest getting everything in writing as evidence. It’s really your only protection.

I asume that your ARC expires as well, right? Then it might be a bit late or very tight to re-new your ARC coz you need to get a new work permit first.

[quote]
My employer has not showm me a new contract although we have agreed to pay and hours verbally for the next year.

[quote]

You better get in written even if it would be a contract already. To have it in written is better for evidence reason.

[quote]
Will my ability to terminate the contract still be as easy.
[/quote][/quote][/quote]

If the contract states the notice period is 2 weeks then this applies. You can terminate in written with a 2 weeks notice.

My employer and I have already renewed my ARC for another 2 years. But still no contract, does this change anything in terms of my old contract.

Your old contract will end at the time it is stated in the old contract. Just get your employer on the table and let him sign the new contract asap.

Your old contract will end at the time it is stated in the old contract. Just get your employer on the table and let him sign the new contract asap.