Trouble Leaving a Company


#1

I am trying to change jobs at the moment and am having trouble with the company I am trying to leave.

I am out of contract and have not sign a new one but I did write a letter saying that I indended to say for another 4 months, is this letter legally binding?

Also, what documentation do I need from my old company in order to leave? Do I have to get a letter of release? I know I need a letter to prove that I have two years work experience in order to get an ARC through the new company, but do I have to get this letter from my company or can get it from a government agency?


#2

Search the threads here for plenty of information on this. I can’t imagine how your letter of intent could be legally binding. If you are “out of contract” does that mean your work permit/ARC has expired? If so, what’s the problem?


#3

I’m not saying that paulod’s paticular “letter of intent” is legally binding in Taiwan, especially as none of us other than paulod have knowledge of the content of that letter. If the “letter of intent” is more of a “promise” and that “promise” was reasonably relied upon by the promisee, the issue is not so clear.

In Taiwan, unilateral promises CAN be binding, depending on the circumstances in which they are made. This differs from the Anglo-American approach to contract formulation that generally requires mutual benefit and obligation, or what attorneys refer to as “consideration” and a “bargained for exchange”. But I am not a Taiwanese-licensed attorney, so I am not certain of the circumstances wherein such a promise might be legally binding upon the promisor.


#4

[quote="tigermanIn Taiwan, unilateral promises CAN be binding, depending on the circumstances in which they are made. This differs from the Anglo-American approach to contract formulation that generally requires mutual benefit and obligation, or what attorneys refer to as “consideration” and a “bargained for exchange”. But I am not a Taiwanese-licensed attorney, so I am not certain of the circumstances wherein such a promise might be legally binding upon the promisor.[/quote]

In UK law a unilateral promise binding upon the executor is called a “covenant”, and its usual form is a Deed of Covenant.


#5

Thanks hexuan. In what types of circumstances are Deeds of Covenant utilized in the UK? Would they be properly used in situations such as paulod has described here?


#6

One that immediately springs to mind is setting up a trust fund for a child where a Deed would be executed saying something like "I promise to give little Billy (in trust)


#7

Generally, oral agreements are binding in Taiwan… however, as one might expect, the difficulty lies in proving the terms, rights and obligations of an oral contract.

I’ll ask at the office tomorrow whether employment contracts must be evidenced in writing in Taiwan. Also, paulod did not indicate whether or not he has continued working after his original contract expired. If he has, and if the employer has paid him for his work, and if oral employment contracts are valid in Taiwan, then there very well may be a contract.

FYI, “consideration” is not a required element in the formation of a contract governed by Taiwan law.


#8

Taiwan law does NOT require contracts of employment to be in writing. Of course, the burden of proving the facts regarding such employment falls on the party seekng to enforce such oral contract.

In the instant case, I think it will be relatively easy for the employer to “prove” that a contract exists if paulod has continued working for his employer after his original contract expired, especially because he provided the employer a letter of intent to continue working.

paulod?


#9

Thanks for all the help guys. I have continued to work there after the contract. I was given a new contract covering the extension period after my original contract expired but I have not signed the extension contract. Because of this I assumed that I was “out of contract”.

If I had unwitting agreed to a second legally binding contract what would be the terms of this contract since nothing more than me continuing to work as agreed?


#10

Probably the same as your original contract. Are the terms of the new contract substantially the same as the old?