Job Discussion Forums

[Anubis]

I've been in Taiwan for almost 6 months and I've decided it's really not for me. The fact that my bosses have done some shady stuff doesn't make me want to stay either. Here's my situation:

I just found out I'm doing illegal work on a weekly basis as part of my contract. I only have 1 school on my ARC, but I work at 2 different schools (managed by a husband/wife pair and part of a larger chain). I don't like the idea of doing anything illegal, especially something so blatant. Yeah I'm slow, only just figuring it out.

Also, I don't feel respected or well treated. My contract promises at least 80 paid teaching hours a month but that only started last month (4 months of less than 80 hours). When I confronted my boss about all this, she said that there was a "testing" period where I got less than 80 hours to see if I could handle it. This isn't mentioned anywhere in my contract, but she says she told my agent about it (yeah, I was a newb who used a placement agent). Also, I was under the impression that this big chain school had a set curriculum with tests and everything all prepared. Turns out I'm constantly making up my own tests and quizzes, teaching things I've never been trained on, and even doing telephone teaching (and since I'm not paid for this extra work, I can't help but feel ill-used). Add on top the fact that I must be at work for 7 hours a day, M-F, regardless of how many classes I actually teach.

Long story short, I'm quitting. I would like advice about what my obligations and what the possible consequences are. My contract includes a NT$25,000 fine for breaking my contract, which I hear is illegal.

Does the fact that I'm working illegally give me leverage when I quit, or does it give my boss leverage? Odds are I will probably have to fight to not pay the fine, since I feel they broke the contract and I shouldn't be liable for their shortcomings.

I've also heard many stories about the tax situation being screwed up because the bosses pocket money, lie about your pay, or something. How do I check up/prevent this? Again, does my illegal working status affect it? Would I appear to be a sympathetic case to the CLA, or an illegal who needs to be removed from the island?

Third, what is my legal obligation for quitting notice? Tealit.com says I'm only obligated to give 10 days. Other forums have suggested 30 days notice. I don't mind giving 30 days notice because I don't hate the school and I'm not vindictive. However, I also don't want to plan on working for 30 more days only to have them undercut me somehow or be vindictive.

Also, they provide my housing. So giving notice and quitting could make them try to kick me out or something. Maybe I'm paranoid, but someone who doesn't honor your contract and makes you work illegally isn't someone I have much faith in.

What say you? What do you think is the best course of action to be fair to my school and bosses, while not leaving myself open to be screwed over?

[stillnosheep]

If my employer was forcing me to do unpaid work (telephone teaching) while having spent four months paying me less than my contracted number of hours (<80/month) while making me be at work for 35 hours/week and I feared that they wouldn't pay me for the period I worked under notice I would be very tempted line up another job and leave the day after pay-day )as long as pay-day wasn't too long after the period for which I was being paid, of course).

Obeying local employment laws and (especially) sticking to contractyal obligations is all well and good but you are also have a responsibility to protect yourself from unscrupulous employers who break the law and ignore their contractual obligations with impugnity while relying on emotional blackmail and/or their teachers' better nature to get away with dishonest and calculatedly exploitative business practices.

I don't know about the law in Taiwan regarding changing employers once you are in country (or renegade province ) but apart from that your prime concern here must be to protect yourself from any likely attempt to cheat you out of monies owed once they are aware of your intentions.

Some employers deserve to be given no notice. IMHO you should give them as little as you can get away with; and if upsets your employers, all well and good, if it happens to them often enough they may perhaps learn to treat their teachers better in the future.

Ps I am not sure about Taiwanese law put under Japanese law it is perfectly legal to change the locks on your door and continue living in company accomodation, even after quitting or being sacked, until a court order is produced to evict you. While I wouldn't recommend this action I would recommend considering changing my locks before giving notice (if I decided to give any notice) if I was afraid that the company might try to hiring another teacher before my notice period was up and leave me on the street.

[Anubis]

Thanks for the input.

I am rather tempted to just leave without giving any notice. At this point, I don't want to stay in Taiwan either. If I looked for another job, I fear more of the same. Also, I'm tired of being treated like I'm some sort of animal or weird exhibit in this country. It's just part of the culture because Taiwan doesn't have much in the way of multi-culturalism, but I'm just one of those folks who likes being perceived as a human. Add to that the fact that I can easily make similar money in America without breaking the law or fear of deportation or any of the other problems with being a foreigner in a foreign country.

I am trying to look out for myself from a legal standpoint. I'm already doing something illegal. If that gives my boss leverage over me when I quit or when I need to notify the CLA, then hopping on a plane back to America after payday is the best course of action. If it gives me leverage over them, then it increases my odds of being treated fairly by giving notice and leaving legally. Also, is 10 days my legal obligation of notice? It's not in my contract, and tealit.com says "10 days". But any advice or experience in this matter would be great.

What happens if I just run after payday? I'm sure that means I don't get my taxes and I'm out of the pay I never got. What else? Anybody know?

Edited to add:
As for changing locks on the place I live..well I live in the school building. The lower floors have classrooms, and I live in the upper floors. So while it's possible to change the locks on my room, it would be weird/awkward at best. Especially since they could just change the outside building locks so I couldn't get in. I don't know Taiwan law on the subject, but it seems all of Taiwanese law is pro-boss/business and anti-foreigner/worker. Or even if it does protect me, I have to jump through hoops and all kinds of red-tape to be treated fairly.

[LKJ]

I am NOT a lawyer. But here is the score�.

As you have read, the labor standards act states:

1. Where a worker has continuously worked for more than three months but less than one year, the notice shall be given 10 days in advance.
2. Where a worker has continuously worked for more than one year but less than three years, the notice shall be given 20 days in advance.
3. Where a worker has continuously worked for more than three years, the notice shall be given 30 days in advance.

The labor law side of things means that the CLA will ensure you won�t suffer any fines and that you will get paid in full (providing you inform the CLA when you give your 10 days notice). If your boss refuses or delays payment the government will take your boss to court. �Taiwan V�s Idiot Boss �

However, you also have a civil contract which needs some consideration (your contract with your school). That is different and it means that after the labor law is dealt with your boss could then take YOU to court for you breach of your civil agreement. That�s fair enough.

In reality it is very unlikely your boss would do this. It costs too much and civil claims are extremely rocky ground, especially with illegal work involved. Your boss stands to lose much more than you. If you lost the case you would be fined whatever the judge deemed fair compensation. I should add�..by the time it got anywhere close to you losing the case (your lawyer will tell you) you would already be on a flight out of here, or ready to pay the consequences.

My advice is to tell your boss you have spoken to the CLA about it and that negotiation is a much better option. Be decent about it and negotiate a notice period somewhere between the 10 days of labor law and whatever you civil contract says. Do not agree to any penalties or loss of pay.

In addition, you want the agreement in writing & signed with their personal chop (chop & signature) along with their letter of employment release and agreement to provide complete tax statements. They might not like this, but this is the difference between them saying they agree and them actually doing it. Get these documents and you have what you need.

You will be fine. Just play nice and stand your ground. No loss of face for anyone that way.

[Anubis]

Thank you so much. This is some of the best advice I have been given.

I have worked for about 6 months now and I intend to leave in December. So 10 days is all I need to give, thanks for verifying that.

My contract doesn't say anything about giving notice. It just says that if I quit, I must pay a NT$25,000 fine. Since I'm aware this amount is not fair, nor is the fine technically legal, I'll have to deal with that.

How do I inform the CLA of anything (especially about quitting)? Can I actually ask the CLA for free advice, or would my illegal status make that a risky thing?

[timmyjames1976]

I am not a lawyer either, so take this with a grain of salt...


an illegal contract (the fine) is illegal, and therefore cannot be enforced


also, if the school is doing anything questionable (illegal), the last place they want to be is in court


edit:

when it is all said and done, and i don't think this is the best thing to do, but it works for you...

get your pay and fly out on the same day

don't say you are quitting, don't say you are leaving, just go

if you get paid on the 10th, call out a couple days before pay day so you aren't working for free

it isn't nice, but if your employer is truly treating you poorly and being shady with your pay, then it's your best option

i don't recommend this often, but at the end of the day you have to do what is best for yourself (and your family, if you have one)

[Anubis]

Thanks for the advice.
Right now, even though it may not be wise, I just feel better about giving notice and trying to do everything legal and right.

That said, what are the consequences of running? I know I lose some money and taxes. What about taxes in America? Are there legal consequences?

Also, still want to know:
How do I inform the CLA of anything (especially about quitting)? Can I actually ask the CLA for free advice, or would my illegal status make that a risky thing?

[timmyjames1976]

Well, firstly, if you are working illegally (under-the-table, kindy, some other odd arrangement) then there really is no such thing as quitting legally. I don't fully know your situation.

That being said, consequences of running are that you will basically lose a few days pay. It is pretty hard to get your taxes (if the school is actually paying them). You will most likely need a Taiwanese friend to be your proxy and do the filing and receive the return for you. If you don't have anyone you know or trust enough, well then you are SOL as far as taxes (to the best of my limited knowledge).

As far as taxes in America, you are supposed to report your overseas income. You don't really make enough to have to pay. It is basically a law established for the super rich looking for tax loopholes.

The only other problem is that it may be hard for you to obtain a Taiwanese work visa in the near future.

[Anubis]

I'm illegal in the sense that I'm working at 2 schools with only one listed on my ARC. There may be other things, but that's the only thing I'm aware of. Strange, the boss of the school I'm not listed under is the name I've submitted as my real boss for all the paperwork.

Anyway, I'm going to look into the tax situation. I do have friends who could help me get my taxes (natives). So if working illegally doesn't come out to haunt me somehow, then my tax situation should work itself out well enough. I have to research the whole tax situation more.

We'll see what happens. Thanks for all the advice. If anyone has anymore, please keep it coming. I'm still wondering about how much I should use the CLA. Can I get free legal info from them? Would I incriminate myself by telling them my story? Should I steer clear of them until there's a real need?

[timmyjames1976]

The CLA does offer free arbitration for contract disputes. From everything I hear they are actually very non-bias. I would assume its a last ditch thing, since it will most likely make your employer hate you with a passion, but again, does that really matter?

[Anubis]

Nothing new to report yet. However, I learned my boss owns both schools I work at. Does this change anything about the it being illegal to work at both schools? They are in different towns, but same owner. Only one address on my ARC. Is it illegal, or does Taiwan have a funny loophole as long as the same person owns/runs the different schools?

[Taylor]

Hello Anubis,

I've just sent you a (rather lengthy) private message 'PM'.

If you are not able to access it, please let me know. Best wishes!

Sincerely,

Clint
taylorclint 'at gmail.com

[Anubis]

Hey all, here are some more details for those who want to know. Part of it is from my PM to Taylor who wanted some more info. I figure this may help you all get a better understanding of where I'm coming from.

I teach about 27 different classes in a given week and I mean different classes. I only teach 2 classes twice a week, all the rest are once a week. Most classes are about 1/2 hour, a few are 50 minutes. Some classes have as few as 3 students, some have as many as 17.

I get paid NT$600 per teaching hour. I must stay from 2pm-9pm. I don't get paid for prep time, telephone teaching, preparing quizzes, or anything that isn't direct teaching. I also work some Saturdays for 4 hours. So I work an average of 37 hours a week and get paid for about 19 hours a week.

I know I can't complain too much because I knew the hours. However, I can't help but feel deceived. My contract said I'm guaranteed at least 80 teaching hours a month, or NT$48,000. I did not get these hours for the first 4 months of work. When I confronted my boss about this, she said there was a 3-month testing period. I never agreed to this "testing period", it's illegal from all accounts, and it doesn't explain why I was cheated the 4th month of work. So that makes me less than happy with my bosses already. There is only 1 other foreign teacher, who works part time there when I'm not there (I'm at the other school). I've never said anything to him and I've only seen him once.

Add to the fact that they continue to give me more and more unpaid work. More telephone teaching, which I have to create from scratch, more quizzes made from scratch, and soon I'll have to grade homework. I was under the impression that I would have a curriculum to guide me, but I get nothing and have to create my own curriculum from scratch, after I teach myself how to teach the class. I'm given new classes and new stuff without any training at all.

Add on top of this the fact that I'm probably working illegally and it just screams "scam". Then consider the fact that I've never been given any official tax/income receipts. All the signs are bad. And there's no sign that things will get any better, only worse. My NT$600 per hour is more like NT$300/hour when I consider all the free office hour work I put in. I can make that kind of money in America without the prejudice and lack of respect I get in Taiwan. And my boss made it clear to me once, in no uncertain terms, that I stay until 9pm, regardless of whether I have any classes or not. Once, he even told me that I'm not allowed to do anything not work related (read books, listen to music, etc.). I'm supposed to spend all that free time thinking of games or activities for the kids. I ignore this rule and do what I want on office prep time if I don't have work to do, but it only compounds the idea in my head that these people aren't looking out for me and I don't really owe them anything.

I am still considering my options. Nothing in stone until after next pay day. No need to risk losing the healthy amount of money I have coming to me. Right now, I feel it's in my best interest to quit and head back to America. Things are perfect there, but I have always gotten paid what I'm promised, I'm not actively ignored by my workmates, and the people don't treat me like a mixture of clown/animal put on earth for their amusement. I don't want to cheat or hurt my boss, but I also want to protect myself and get what's fair.

[Taylor]

Hi Anubis,

Good to hear from you. Thanks for writing back.

These two consecutive sentences indicate the source of the problem:

You wrote: "I get paid NT$600 per teaching hour. I must stay from 2pm-9pm."

It absolutely does not make sense that you are required to be there for a total number of hours (35 or 39 in your case)...but that you are only paid for teaching hours. Have they ever offered any payment for 'office hours'?

They can't have their cake and eat it too. If you are doing even a 'fair' job, you deserve at least 60K NT per month for a job like this. You either need to get paid by the hour...OR a monthly salary with a Maximum number of teaching hours per month. It does not even make sense for you to try and count it both ways.

You have two options: renogiate a new deal that is fair for both parties (you & them) OR tell them you are moving to another city and want your work visa transferred. Of course, to do this, you'd need a school that will 'take' you. Since you are working all the time, I don't see how you'd ever have a chance to interview.

Of all the places in Taiwan, I think Miaoli or Chang-hwa might be my last choices. The east coast is pretty, but it's boring for me...

Again, I sincerely don't think you should get the goverment involved. It's just that your bosses see you as young, gullible and hard-working. It's time for a mid-year contract re-negotiation.

Best wishes. Please keep us informed. If possible, please respond via taylorclint 'at' gmail.com

Taylor

[Anubis]

A small update:

I asked my boss for my tax records/receipts and she said they only give them out once a year right before you need to file taxes. Does this sound kosher to anyone? At least, it flies in the face of some of the advice I've gotten here. Any thoughts?