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Contract dispute

 
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browny



Joined: 21 Oct 2004
Posts: 13

PostPosted: Tue Jan 04, 2005 11:06 pm    Post subject: Contract dispute Reply with quote

I am currently working at a school. I don't have my ARC through them because I obtained one through my spouse who is Taiwanese.
I am currently disputing parts of the contract with my employer (the usual disagreements about interpretation of the wording). Because of the constant disputes with them I would like to terminate my contract early with them. Sometimes I feel like just leaving and other times I feel an obligation to provide them with 1 month advance notice.
Either way I am wondering what repercussions there might be for early termination without advanced notice.
Anyone been a similar situation? I would like to take advantage of the Chinese New Year job openings to seek employment elsewhere. I know my ARC cannot be cancelled because it was obtained through marriage.
Can I expect any backlash?
Thank you for any replies.
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clark.w.griswald



Joined: 06 Dec 2004
Posts: 2056

PostPosted: Wed Jan 05, 2005 12:25 am    Post subject: Reply with quote

You are actually in a pretty good position. As an APRC holder through marriage you have a lot of privileges that ARC holders don't have. One of these privileges is greater job flexibility.

You are still bound by the same contractual obligations as everyone though, and therefore you should follow the terms of your contract if at all possible when leaving. If there is no clause allowing premature release (there often isn't) then you should follow the industry requirement at least - which I believe is 10 days notice.

Personally, I would give them as much notice as possible, and as you have plans not to return after Chinese New Year, I would tell them this.

Provided that you act in a way that is defensible (i.e. responsible and documented) then you should find that there are no opportunities for recourse against you.
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Aristotle



Joined: 16 Jan 2003
Posts: 1388
Location: Taiwan

PostPosted: Wed Jan 05, 2005 2:25 am    Post subject: Reply with quote

The best time to get out is the Lunar New Year. Ask your employer in writing to pay you to date the last day of school before the break. Chinese culture dictates that it is bad luck to owe people money over the new year. After you get paid go to the post office send a certified fax to your employer stating that you will not be returning after the new year.
The local labor laws dictate that you must give 10 days notice if you have been working for your employer less than a year and 20 days notice if you have been employed more than a year. If you employer with holds you pay for any reason file a complaint with the CLA but be aware that if you signed a contract you employer can ignore any ruling made by the CLA. By signing a contract or an individual work agreement you have waived your few rights as an individual under Taiwan's toothless labor laws.
If you need help contact,

[email protected]
Good luck,
A.
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