CONTRACT-RELATED ISSUES

1Q:  What is a Contract?

◆A contract is the original document that bears your name and your employer’s name. It states the duties and responsibilities of both parties.

2Q:  What is the term of each contract in Taiwan?

◆Each term of a contract is valid for 3 years .

◆After finishing this term, the employer may rehire the worker for another term.

◆The extension is optional, depending on the performance of the worker and the willingness or capacity of the employer to extend the service of the worker.

◆Based on the Service Act of Taiwan, a worker can be employed in Taiwan for  maximum of 12 years.

3Q:  What should I remember before signing a contract?

◆Be sure to understand everything written in the contract. Everything must be clear and in your native language.

◆The worker should be free (is not forced) to sign the contract.

◆The worker needs to know his/her capabilities regarding the work offered.

◆He/she should be mature enough to handle personal problems (e.g. be ready to be away from loved ones) and must be emotionally stable.

◆Expecting bigger income entails hard work. (No pain, no gain.)

4Q: What if I am asked to sign something in Chinese?

◆Do not sign any paper without your native language . Everything must be translated clearly.

5Q:  What if I am asked to sign a blank paper (blank contract)?

◆Please, never ever sign a blank paper (blank contract).

6Q: What are the possible reasons for termination of a contract?

◆Bankruptcy of the employer

◆Use of illegal drugs

◆Falsification of work permits, passport, ARC and other documents

◆Theft or robbery, etc.

7Q: What if I am not able to finish my contract?

◆For those working in manufacturing companies (e.g. factories), the company usually asks them to sign an agreement on the termination of contract. This is a kind of protection for both the company and the workers.

◆Please note that the worker cannot just leave the company or terminate his/her contract without due process.

◆In cases of forced termination, the worker has the right to file a complaint to the 1955, granting that he/she has not committed any violation regarding the contract.

◆No Penalty: Regulation states that it is illegal for the employer to charge penalty for unfinished contracts, as it violates the right of the workers, unless stated in the contract. Those who work in households need not sign any agreement with the employer regarding penalty. Therefore, they should not pay anything.