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Getting Out of a Bad Situation

 
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Captain Planet



Joined: 12 Jun 2013
Posts: 11

PostPosted: Tue Oct 08, 2013 11:00 am    Post subject: Getting Out of a Bad Situation Reply with quote

Hey, so I am looking for some advice. I know that this has been talked about before, but I am having a bit of difficulty in finding some answers.

Some background info on my situation.

My contract states in article 4.3 that "Party B will receive half-salary in July and August."

The pay stub the school just gave me, for August and September (my A.R.C. wasn't processed so I got both this month.) said that I would be getting about 1/6 of a month's salary for August. I was never late and didn't miss a day of work.

So, needless to say, I am pretty frustrated. I am going to be meeting with the administration soon to figure it out and am not too hopeful of a positive outcome, as there are a myriad of other problems here.

So, I am looking into getting out of my contract, since the school has broken it.

In article 13.1 states, "If Party B (me) repudiates or cancels this agreement for a personal reason, the Party A (the school) is entitled to receive from Party B, as liquidated damage, the equivalent of one month's salary, the principal with use his/her own discretion when deciding. Party B must hand in their resignation in written form one month before the winter vacation in advance or Party B will be fined the equivalent of one month's salary."

My question with this is, one is this legal? I know that it is technically illegal for them to with-hold pay, but are these fines legal? (I haven't been able to find the information on the internet about fines). And I do not think that the school will think that they have broken the contract, so they will threaten me with a months salary.



So, how can I move on without getting blacklisted?

Thanks for your help.
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hanlier



Joined: 10 Mar 2013
Posts: 12

PostPosted: Wed Oct 09, 2013 1:44 am    Post subject: Reply with quote

Captain Planet,

Why did your contract state that you would only get half a month's salary in July and Aug?

Also, do I understand correctly - you didn't get paid because your ARC hasn't been processed until now? If so, that is bull. No school can with hold pay because of ARC not being processed.

Personally, I would have never accepted a contract that gave only half month's pay anyhow.

I am not sure about the fines, but think it is illegal to fine. They can with hold pay, but can't fine. You can jump onto Forumosa, there are more knowledgeable people on there who can help you with this problem. You are not breaking contract due to a personal reason. You are intending to end your contract based on the fact that they didn't uphold their part of the contract. Also, I think you can contact the labor board on this one- or CLI, not sure. But, get your ducks in a row before you take them on.

Good luck!
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Captain Planet



Joined: 12 Jun 2013
Posts: 11

PostPosted: Wed Oct 09, 2013 1:30 pm    Post subject: Reply with quote

My contract said that I would only get a half month's salary because I would only be working a half month in August, since I was arriving in the middle of the month. So that sounded fair to me, but then they pulled a fast one on me...

Honestly I am not sure why I didn't get paid. I asked and got several different answers from the same person. My paycheck was also half of what one of the other new teachers got, when we have the exact same contract...

The school doesn't see it that way, but I will keep talking to them until they give me a straight answer (Which may never happen).

Thanks! I am looking into my legal options.
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Solar Strength



Joined: 12 Jul 2005
Posts: 560
Location: Bangkok, Thailand

PostPosted: Sun Oct 13, 2013 12:58 am    Post subject: Re: Getting Out of a Bad Situation Reply with quote

Captain Planet wrote:
My contract states in article 4.3 that "Party B will receive half-salary in July and August."

The pay stub the school just gave me, for August and September (my A.R.C. wasn't processed so I got both this month.) said that I would be getting about 1/6 of a month's salary for August.


This is simply too confusing to understand.

Why did you only receive half salary in July and half salary in August?

Why did you end up getting 1/6 of a month's salary in August?

There's just too much information being left out here for anyone to even attempt to offer you any advice or information that may be helpful to you.
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Captain Planet



Joined: 12 Jun 2013
Posts: 11

PostPosted: Fri Oct 18, 2013 1:40 pm    Post subject: Reply with quote

I only received a half salary in August because I arrived in the middle of August, and worked a half month. It is a half salary in July, because if I am still here, I would work for half of the month.

I do not know why I only got 1/6 of my salary in August, because they have not told me a reason. Honestly, I do not think that they themselves know. I asked them about it and after several long conversations, they said that they will make it up for me in this upcoming paycheck. To make matters more confusing, there are three first year teachers here, and we are all on the same payscale, but we received three different salaries for August...
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Taylor



Joined: 24 Oct 2003
Posts: 382
Location: Texas/Taiwan

PostPosted: Sat Oct 19, 2013 4:49 am    Post subject: * The power of 3 Reply with quote

Hi Captain Planet,

The 3 of you (new teachers) need to arrange a meeting with the boss--or whomever is in charge of processing payroll.

If you can't all 3 get together, at least make copies of their paystubs and ask for a clear explanation of the differences. (You having copies of their info will show that you are all communicating.)

If you can't make copies of those paystubs (for whatever reason), at least ask the other two teachers to write on a sheet of paper how much they recall getting paid for the time period being discussed.

That "July and August" stuff is totally confusing. You need to clearly state what year is being discussed--so that everyone is on the same page, so to speak. It made sense after you clarified it, but there may have been some change in their staff, so those folks may be confused.

BOTTOM LINE: The math is pretty simple. They can figure it out.

Don't get pushed around. Buy the other foreign teachers a meal (or a drink) when things get straightened out.

Best wishes,

Taylor
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Taylor



Joined: 24 Oct 2003
Posts: 382
Location: Texas/Taiwan

PostPosted: Sat Oct 26, 2013 2:54 am    Post subject: Reply with quote

Hi Captain Planet,

Just wondering if you'd gotten any answers from the managers/owners of your school.

Best wishes,

Taylor
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Captain Planet



Joined: 12 Jun 2013
Posts: 11

PostPosted: Sun Oct 27, 2013 1:52 pm    Post subject: Reply with quote

Hi Taylor,

So far, I have received some answers. They said that teacher's get paid from the date they report to the school, which partially explains my low salary for August. So, instead of half my salary, I should have received half of my salary from August 16th. But they paid me from August 23rd.

So I some problems have been solved, but they have created some new ones... They have said that they will make it up to me with this next paycheck, so tomorrow I am planning on figuring out what exactly that means.

So, I have gotten some answers, but there are still plenty of issues to be worked through.

Thanks for your advice!
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