Have to quit my teaching job- penalty clauses in my contract. What are my options? Does anyone know a contract lawyer?

This has happened before, and it is well known (well it should be) that the libilities from violating a contractual obligation to give notice of termination stands independent of the obligation of the employer to pay the agreed compensation for work and services rendered.

What this means, is that they have to pay you the full amount for work you have done. Then they need to ask you to pay them the compensation as agreed in your contract regarding your termination of work without due notice.

People (and employers) often mistakenly interpret the situation as one where your violation happened first, hence withholding salary does not violate the Labor Standards Act stipulation of employers not allowed to withhold salary against violations that has not yet happened or that has happened but for which the extent of damage is not determined. This interpretation is a mistake. The two are simply unrelated.

Regarding your violation, they have the rights to claim the compensation amount as stated in the contract. However, when that amount is deemed unreasonable (for example you get paid NTD$0.5 million a year but a simple violation demands NTD$20 million in compensation) the courts have the authority to reduce the amount of compensation.

You must consult the local department of labor to clear up this issue. Also, note that there's a period of time (if I remember correctly, it was 3 months) during which you cannot be held accountable for terminating a work contract without due notice.

/r/taiwan Thread