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Legalities of getting fired in Taiwan
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yamahuh



Joined: 23 Apr 2004
Posts: 1033
Location: Karaoke Hell

PostPosted: Wed Apr 14, 2010 3:17 pm    Post subject: Legalities of getting fired in Taiwan Reply with quote

Can anybody shed some light on this topic for me?

I'm working for a school that is making me very nervous as the end of my contract approaches. I have been a good employee, never been sick, never been late or missed a class, but I speak my mind and I've butted heads with the director over some things in the past.

I just found out today that one of my co-workers is getting canned at the end of the month, apparently without much reason. The only thing I can ascertain is that she was observed a couple of times teaching a notoriously difficult class. After the initial observation some recommendations were suggested which she may not have addressed adequately - this is conjecture - she wasn't sure of the reason herself.

Now I'm really nervous, I've got less than 3 months left to go and have a big payday of bonuses coming to me if I make it the distance.

I've only been observed once in the past year and have never received any managerial feedback, my kids are happy, I have great evaluations and my co-workers like me. I've never received any warnings - verbal or otherwise but could I be fired with no reason and left with no options to claim monies I've earned an am owed even on a prorated basis?

Do we have anybody batting for us in these types of situations?
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JZer



Joined: 16 Jan 2005
Posts: 3898
Location: Pittsburgh

PostPosted: Wed Apr 14, 2010 3:30 pm    Post subject: Reply with quote

I am not a legal expert but I believe that you can file a complaint with the board of labor.

The only problem is that if you plan on leaving Taiwan you will have a difficult time collecting the money owned to you if your schools does something underhanded.

Are you willing to stay in Taiwan for an extra six to twelve months to collect 60,000NT or whatever you will be getting?
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yamahuh



Joined: 23 Apr 2004
Posts: 1033
Location: Karaoke Hell

PostPosted: Wed Apr 14, 2010 3:52 pm    Post subject: Reply with quote

Well, I'd be here for a few months anyways and probably returning again after some traveling. I'm really hoping I'm being paranoid but my relationship with the director is strained to say the least.

Everyone working there feels like they could be canned at the drop of a hat - not a pleasant working environment at all.
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JZer



Joined: 16 Jan 2005
Posts: 3898
Location: Pittsburgh

PostPosted: Wed Apr 14, 2010 9:54 pm    Post subject: Reply with quote

Well, if I was you I might hint that you plan to stay in Taiwan and if you don't get your bonus you will file a complaint with the board of labor. Play tough and don't put up with anything.

Anyone else have any advice?
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yamahuh



Joined: 23 Apr 2004
Posts: 1033
Location: Karaoke Hell

PostPosted: Thu Apr 15, 2010 12:38 am    Post subject: Reply with quote

Right now I'm hoping that my overactive imagination is getting the best of me so I'm keeping my mouth shut. If the axe drops before the end of my contract and I face getting stiffed out of wages and earned bonuses then I want to have some ammunition.

I would obviously make mention of their illegal kindergarten practices, their tax evasion and the 'firing without justification'. Not to mention my ability to seriously damage the reputation of their school using the magic of the world wide web.

Maybe it will all come to nothing - I certainly hope so.
Thanks for your input.
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creztor



Joined: 30 Dec 2009
Posts: 476

PostPosted: Thu Apr 15, 2010 8:21 am    Post subject: Reply with quote

Not much you can do. Provided they give you notice if they plan on firing you before the contract term is up there isn't anything you can do. Kids being happy and class performance isn't the only thing they look at. Butting heads with the manager/director isn't a good thing and I learnt this the hard way Smile I wouldn't worry yama, whatever happens will happens.
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yamahuh



Joined: 23 Apr 2004
Posts: 1033
Location: Karaoke Hell

PostPosted: Thu Apr 15, 2010 3:41 pm    Post subject: Reply with quote

So they can fire you without cause and you have no legal recourse?

Seriously?
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BigWally



Joined: 07 Jun 2006
Posts: 765
Location: Ottawa, CAN (prev. Kaohsiung "the Dirty South")

PostPosted: Thu Apr 15, 2010 9:20 pm    Post subject: Reply with quote

check here.

only way to know for sure.
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JZer



Joined: 16 Jan 2005
Posts: 3898
Location: Pittsburgh

PostPosted: Thu Apr 15, 2010 10:44 pm    Post subject: Reply with quote

You should probably starting trying to collect documents and evidence now so you are prepared to submit a claim with the board of labor if you need to.
You can file with the board of labor but like I said before some schools get away with it because foreigners don't want to stick around for six months or more to deal with this situation.

If you file a complaint with the labor board you are allowed to stay in Taiwan until the issue is resolved.
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123Loto



Joined: 14 Aug 2006
Posts: 160

PostPosted: Fri Apr 16, 2010 12:30 am    Post subject: Reply with quote

This advice might be a bit late for your case, but often teachers are not aware of their strongest defence: building strong, public relationships directly with the parents of the students you are teaching through social situations and through being well known as a professional, highly skilled teacher throughout your community.

This is called building guanxi... but it makes a lot of practical common sense. Taiwanese are pragmatic - a teacher with a strong reputation in the community will simply never be fired. They'll hold onto you like you're the goose that lays the golden egg.
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creztor



Joined: 30 Dec 2009
Posts: 476

PostPosted: Fri Apr 16, 2010 2:49 am    Post subject: Reply with quote

Many schools do not like parents and teachers mixing, at least all of the chain schools I worked at. Anyway, yama, if they fire you accordingly, substantial notice given etc, what can you do? I can only assume you have such a huge end of year bonus that you would be considering fighting if it did happen. I just can't see any grounds for it unless it was unfair and broke the contract/law of Taiwan, but even then would it be worth it? Back to your bonus again for whether or not it would be.
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yamahuh



Joined: 23 Apr 2004
Posts: 1033
Location: Karaoke Hell

PostPosted: Fri Apr 16, 2010 2:51 am    Post subject: Reply with quote

Hmm, might be a bit late for me to start doing that with the parents although I'm sure - for the most part - they are happy with my performance and the fact that their kids seem to enjoy coming to my classes.

I'm pretty professional in my evaluations of their kids during p-t meetings and the like, and I think I'm getting along well with the 'notoriously difficult class' that I referenced earlier.

The director has got everyone running scared and me perhaps more than most. I have a horrible feeling that firing me would give more satisfaction than allowing me to finish and collect my bonuses. That being said my replacement arrives soon (about 6 weeks) and will have a probation and training period before I leave. I don't think the director would be that vindictive as to find someone to arrive even earlier so as to shorten my employment by just a few weeks...

They're obligated to give 2 weeks notice for termination, so looking at it logically if I haven't been given my notice by mid May I should be fine I guess.
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yamahuh



Joined: 23 Apr 2004
Posts: 1033
Location: Karaoke Hell

PostPosted: Fri Apr 16, 2010 3:43 am    Post subject: Reply with quote

creztor wrote:
I just can't see any grounds for it unless it was unfair and broke the contract/law of Taiwan, but even then would it be worth it? Back to your bonus again for whether or not it would be.


I'm a guy who operates on a very strong sense of right and wrong. I'm very principled. Injustice and abuse of power make me seethe. It's not so much about the size of the bonus, although I'd be lying if I said it didn't matter to me.

It's substantial enough that I want it. I've earned it. So far as I'm concerned I'm owed it. I've been a good employee except on a personal level with my director. Now it's about the principle of the situation.

End of story

(that wasn't meant to sound curt or abrupt towards you - it merely sums up my feeling towards the situation)


Last edited by yamahuh on Fri Apr 16, 2010 4:11 am; edited 1 time in total
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creztor



Joined: 30 Dec 2009
Posts: 476

PostPosted: Fri Apr 16, 2010 3:49 am    Post subject: Reply with quote

Again, this is just my personal view and I could be wwwrong, but employers don't care about right or wrong in Taiwan or at the very least they rarely care about what kind of inconvenience they put you in. If they fire you and break your contract or some law then you may consider following it up. However, considering the trouble the other guy went through regarding very serious allegations against him, for me it just isn't worth it. I completely understand where you are coming from, but I just believe Taiwan operates under a completely different mindset and rocking the boat gets you nowhere. Good luck either way and it may turn out that things go smoothly and there was no reason for this thread after all Wink
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JZer



Joined: 16 Jan 2005
Posts: 3898
Location: Pittsburgh

PostPosted: Fri Apr 16, 2010 11:56 am    Post subject: Reply with quote

123Loto and Creztor, you two have summed up the only two ways to survive in Taiwan.

One method is to shut your mouth and keep it shut. The other is to have a lot of guanxi. Both methods can work though it may be difficult to get a lot of guanxi before you speak fluent Mandarin or Taiwanese.

I will tell you my person story. I was working at a school in Jongli. I had a contract for a year and half way through, after summer vacation, the manager at the school told me I would not be offered any hours next semester. I might have understood if she said I was fired or not a good teacher.

But guess what her excuse was, she wanted to hire a married teacher with a marriage visa so she did not have as many visa hassles. That is great. It worked out in the end since I got a better paying job but the right thing to do would have been to let me finish my contract and have given me notice that my contract would not be renewed. So much for fairness.
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