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tuna007az
Joined: 17 Mar 2005
Posts: 12
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 Posted: Thu Mar 11, 2010 10:27 am Post subject: Should I fight it.... |
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I was working at a part time job in Hsinchu without an ARC. Worked there for1.5 years never really a problem until i needed to stop due to family issues. I gave them a week notice and helped find four subs all of which were no qualified her words not mine. Then 5 days before payday I am told that I need to pay her a fine of 5000 nt each class i stopped working becuase it was in the middle of a class.
To make a long story short she says its in her rules and regulations and I need to pay it or else she will get a lawyer. I did sign a year contract for a year but that contract has been over for almost a year.
My question is If I dont get paid should I go to the labor office and and air out her dirt laundry. For example like she has many workers there that are not on ARC. She wants to fine me 10000 and will not pay me. The money I am owed is only 6000nt. My wife says fight .Also I just got my marriage ARC. Just curious if anything went to a labor office and ever fought an employer
Thanx and Ill kepp ya posted |
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zipper
Joined: 14 Dec 2009
Posts: 237
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| Posted: Thu Mar 11, 2010 1:16 pm Post subject: |
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Be a pest and hound her for it. The authorities would not deport you; even if they found out that you worked illegally before you obtained your ARC through marriage, because you have family here.
Last edited by zipper on Mon Mar 15, 2010 5:33 am; edited 1 time in total |
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Mr. White
Joined: 09 Oct 2007
Posts: 36
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| Posted: Thu Mar 11, 2010 2:40 pm Post subject: |
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Aside from your personal grievances, let�s please get this straight! You work/ed for her illegally. She employed you illegally. Agreed?
Question: Why would either of you be stupid enough to take this down official channels? To do so would be shooting yourselves in the foot.
You need to work this out yourselves.
You have no recourse and she has your money. My advice is play ignorant to the law and tell her you will contact the CLA for advice if she doesn�t pay you everything you are due, right now. If she is a better poker player than you she will hold out.
Let me stress: neither of you have a legal case. And by the way, the marriage visa that you just got could be revoked if you highlight your illegal activities. |
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JZer
Joined: 16 Jan 2005
Posts: 3898
Location: Pittsburgh
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| Posted: Thu Mar 11, 2010 3:13 pm Post subject: |
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| I also believe that you need to get an open work permit before you can legally work on an ARPC. So you are probably still working illegally. |
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123Loto
Joined: 14 Aug 2006
Posts: 160
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| Posted: Thu Mar 11, 2010 11:44 pm Post subject: |
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While there will be some good advice given to posters on this thread, in my opinion, it would be foolish to act upon any of it.
Speak to a lawyer as soon as possible.
Last edited by 123Loto on Fri Mar 12, 2010 8:18 am; edited 1 time in total |
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scarab1169
Joined: 07 Jun 2007
Posts: 42
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| Posted: Fri Mar 12, 2010 1:18 am Post subject: |
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@123Lotto
Did you read the OP's post? He/ is working or worked ILLEGALY. There are no grounds for legal action as the minute this person goes to the law they will find this out and then? APRC revoked? Marriage ARC revoked? Deportation?
To the OP - I think your best route would be to try and resolve it between you two. Neither of you can really go to the law, as I think both of you have transgressed the law.
Just my 2c worth. |
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zipper
Joined: 14 Dec 2009
Posts: 237
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| Posted: Fri Mar 12, 2010 1:19 am Post subject: |
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Last edited by zipper on Mon Mar 15, 2010 5:34 am; edited 1 time in total |
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zipper
Joined: 14 Dec 2009
Posts: 237
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| Posted: Fri Mar 12, 2010 1:22 am Post subject: |
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Last edited by zipper on Mon Mar 15, 2010 5:34 am; edited 1 time in total |
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dangerousapple
Joined: 18 Apr 2006
Posts: 292
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| Posted: Fri Mar 12, 2010 1:26 am Post subject: |
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| An APRC and a JFRV are totally different. A JFRV comes with automatic work rights, but an APRC does not. |
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zipper
Joined: 14 Dec 2009
Posts: 237
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scarab1169
Joined: 07 Jun 2007
Posts: 42
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| Posted: Fri Mar 12, 2010 3:43 am Post subject: |
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The question is if he worked for her without an ARC before he obtained his ARC through marriage? If he did, I don't know if there is anything that he can do legally wise, maybe try the anonamous route at the labour council or work it out between them.
If you don't have and ARC and working illegally there is almost nothing that you can do. Even if he now has the ARC through marriage. |
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zipper
Joined: 14 Dec 2009
Posts: 237
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| Posted: Fri Mar 12, 2010 4:04 am Post subject: |
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Last edited by zipper on Mon Mar 15, 2010 5:36 am; edited 1 time in total |
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123Loto
Joined: 14 Aug 2006
Posts: 160
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| Posted: Fri Mar 12, 2010 5:51 am Post subject: |
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| scarab1169 wrote: |
@123Lotto
Did you read the OP's post? He/ is working or worked ILLEGALY. There are no grounds for legal action as the minute this person goes to the law they will find this out and then? APRC revoked? Marriage ARC revoked? Deportation?
To the OP - I think your best route would be to try and resolve it between you two. Neither of you can really go to the law, as I think both of you have transgressed the law.
Just my 2c worth. |
This post, and the others that follow only serve to reiterate my original point.
And my advice remains the same: seek out the advice of a lawyer, who specializes in labor law, as soon as you can. |
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scarab1169
Joined: 07 Jun 2007
Posts: 42
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| Posted: Fri Mar 12, 2010 2:56 pm Post subject: |
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@123lotto,
I'm not going to get involved in a tug of war about who's right and who's wrong. In my opinion and in the eyes of Taiwan law, he worked without an ARC at the school. In my opinion(and most probably any lawyer) he's got no grounds to take her to court. I do know a little something about law(was one of my subjects at varsity) , but am no lawyer and fact is he worked illegaly. But hey, I'm not going to advise him to do this. OP=head over to www.forumosa.com. There is a section "legal issues at work" that gets moderated by real lawyers. Ask the same question. See what kind of response you get and then decide. I'm now done with my input in this saga. |
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Rooster_2006
Joined: 24 Sep 2007
Posts: 984
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| Posted: Sat Mar 13, 2010 9:08 am Post subject: Re: Should I fight it.... |
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| tuna007az wrote: |
I was working at a part time job in Hsinchu without an ARC. Worked there for1.5 years never really a problem until i needed to stop due to family issues. I gave them a week notice and helped find four subs all of which were no qualified her words not mine. Then 5 days before payday I am told that I need to pay her a fine of 5000 nt each class i stopped working becuase it was in the middle of a class.
To make a long story short she says its in her rules and regulations and I need to pay it or else she will get a lawyer. I did sign a year contract for a year but that contract has been over for almost a year.
My question is If I dont get paid should I go to the labor office and and air out her dirt laundry. For example like she has many workers there that are not on ARC. She wants to fine me 10000 and will not pay me. The money I am owed is only 6000nt. My wife says fight .Also I just got my marriage ARC. Just curious if anything went to a labor office and ever fought an employer
Thanx and Ill kepp ya posted |
I tend to be the fighting type, but even I say let it go, and let her have the 6,000 NTD regardless of who is "right" or "wrong" (and I'd argue there's some "wrong" on each side -- one week's notice is not enough in ANY country, unless she's done something seriously wrong to you).
Even assuming that you've done nothing wrong whatsoever, it's not worth losing your APRC and having your entire life in Taiwan destroyed over a matter of 6,000 NTD.
You *might* consider bluffing as another poster said, but I'd say even that is extremely dangerous. She might take your bluff a step further and pre-empt you by actually going to the CLA or Labor Bureau. Or she might become enraged and you might find some of her henchmen on your doorstep one day. Teachers in mainland China have been found dead after disputes like this. Not saying she'll hire a hitman, but there are many things she could do to make your life much more complicated.
Seriously, if, at your next job, you are making 60,000 NTD per month, that means you'll recoup all of this in three days.
I don't think it's worth risking your APRC/legal status in Taiwan/your personal safety over three days' wages.
I know it sounds yellow-bellied of me to say this, but this is just one of those times in life when you need to retreat and live to fight another day. |
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