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elliot_spencer
Joined: 26 Feb 2007
Posts: 495
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 Posted: Thu Jun 07, 2007 6:39 pm Post subject: Breaking a Hess contract!? |
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Hey, I recently signed a contract for Hess from the UK. However it states that my contract starts from August 15th and is valid for 12 months... it also states that if I leave employment during the first month I must give 7 days notice and if not I must pay NT$20,000 for my training that would have been completed.
Can I get out of the signed contract or can Hess prevent me from entring Taiwan or getting an ARC and work permit?
Please help
Last edited by elliot_spencer on Thu Jun 07, 2007 8:33 pm; edited 1 time in total |
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markholmes
Joined: 21 Jun 2004
Posts: 661
Location: Wengehua
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| Posted: Thu Jun 07, 2007 7:23 pm Post subject: |
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Almost certainly they have not processed any paperwork (and probably wouldn't until after you arrive), so I don't think they can do anything to you at all.
Just email them and tell me that due to circumstances beyond your control you will not be leaving the UK after all.
Then I would remove this post indicating the real reason you have changed your mind, as there are plenty of Hess people checking this board, Mr Elliot (or is it Mr Spencer?). |
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StayingPower
Joined: 18 Aug 2006
Posts: 252
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| Posted: Fri Jun 08, 2007 3:59 am Post subject: |
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Your not officially obligated to you have your ARC in hand and are a bonafied employee. Until then, consider it all red tape. It'll strangle you otherwise.
But I'm surprised you saying you signed a contract, however, and have yet to go through this rigmarole, ie., the physical, blood work, and documentation process? This is the so-called 'legal work' that you should've waded through and which HESS knows is what guarantees people won't renege on just signing a contract and that's all.
Other than this, consider yourself wise. |
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BigWally
Joined: 07 Jun 2006
Posts: 765
Location: Ottawa, CAN (prev. Kaohsiung "the Dirty South")
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| Posted: Fri Jun 08, 2007 4:13 am Post subject: |
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| StayingPower wrote: |
But I'm surprised you saying you signed a contract, however, and have yet to go through this rigmarole, ie., the physical, blood work, and documentation process? |
None of this would have taken place as the OP still hasn't entered Taiwan. From the sounds of his post, he has only been sent, and signed an initial "contract" which is more or less a letter of intent.
I'd let them know ASAP that you no longer wish to pursue employment with them, I'm sure the sooner you do it, the more grateful they'd be. That way they can start to try to find a replacement for you.
Since you aren't in the country, and don't have a work permit, ARC, etc. I don't see how a bushiban would have the power to stop you from entering the country. They wouldn't even be able to blacklist you since you aren't even an official employee yet. |
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TaoyuanSteve
Joined: 05 Feb 2003
Posts: 1028
Location: Taoyuan
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| Posted: Fri Jun 08, 2007 4:14 am Post subject: |
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| I wouldn't worry about it. You've not yet even arrived here. Simply tell them that you're not coming and that's it. You are not under their employ as of this moment and can still back away. The penalty clause-- I think-- is meant for those who quit during their training period and, because of this, cause the company a financial loss in the form of the resources put out to train them. I wouldn't worry about erasing any posts on this subject either. It's not really a big deal. |
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BigWally
Joined: 07 Jun 2006
Posts: 765
Location: Ottawa, CAN (prev. Kaohsiung "the Dirty South")
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| Posted: Fri Jun 08, 2007 4:16 am Post subject: |
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| TaoyuanSteve wrote: |
| The penalty clause-- I think-- is meant for those who quit during their training period and, because of this, cause the company a financial loss in the form of the resources put out to train them. |
BINGO! Even though by law this practice is technically illegal, it does happen often, particularly at chain school. Not a thing the OP needs to worry about here.
I mean how can they withhold money that you haven't started to earn yet?? |
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TaoyuanSteve
Joined: 05 Feb 2003
Posts: 1028
Location: Taoyuan
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| Posted: Fri Jun 08, 2007 4:23 am Post subject: |
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| BigWally wrote: |
| TaoyuanSteve wrote: |
| The penalty clause-- I think-- is meant for those who quit during their training period and, because of this, cause the company a financial loss in the form of the resources put out to train them. |
BINGO! Even though by law this practice is technically illegal, it does happen often, particularly at chain school. Not a thing the OP needs to worry about here.
I mean how can they withhold money that you haven't started to earn yet?? |
No and yes, actually. No, they can't legally withhold salary for a penalty-- they must pay all salary owed. But, yes, they can bill you after the fact for losses they can prove and pursue you in a civil suit for them. Is this how it usually or even often works, though? Nah!
But, again, OP has not began his employment with the company and is still 2 months away from doing so. Penalties of any sort do not apply as the OP hasn't started working for the employer and, indeed, is still not even here. |
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