Hi Guys! I’ve got a work question. I’m on my probation/trial period with a school here. I’m not enjoying it, and there has been a lot of issues. So I think it’s best if I find a different school.
I talked to them about it, and fortunately they’ve handled it really well. BUT I just want to be sure of my rights here. According to my contract during the first 90days THEY can let me go for any reason with no notice, but my contract does not specify that I can leave for any reason.
Does anyone know what the law for this is in Taiwan?? I’ve tried to look it up, but most of the rules only apply to AFTER 90 days of employment. Anything you know would be helpful! Cheers
I thought during the probation period either party can cancel the contract without penalty.
I thought it was a Taiwan wide thing. Or maybe this depends on the company. I am not sure but I am sure that a lot of employers seem to not really care about the actual contract itself.
I’m really hoping it is a Taiwan thing! But I can’t seem to find any actual legal documents verifying. Regardless ! These answers are making me hopeful
Laws and regulations are available at https://law.moj.gov.tw. Official interpretations of labor/employment laws and regulations are available at 勞動部勞動法令查詢系統-最新動態, but searching through those is a bit more complicated. Don’t trust the official translations; their quality is inconsistent, and the Chinese version always prevails (except in international agreements where the translations are supposedly equal).
The key question is whether or not your job is subject to the Labor Standards Act (勞動基準法). If it’s a buxiban, it is. If it’s not a buxiban, it might be. Don’t trust your employer to answer the question honestly. Don’t even trust your employer to tell you honestly whether it’s a buxiban or not.
The best thing to do is to visit your local labor department, show them the contract, and ask for advice. They’re not always 100% correct, but they’re there to help. If they’re not sure whether your employer is technically a buxiban, ask them to help you contact the local education department (which may have a webpage where you can easily check the registration, in Chinese).
Does the 10 day notice period still apply if you are on probation? E.g. if I want to leave a company after a few weeks of being there due to not being suitable.