How does new labor reform stating employees must get a 40 hour work week / 2 days off a week apply to contracted English teachers?
Are schools responsible for paying overtime to weekend workers? Or does it not apply because they are contractors? Most contracted teachers don’t teach more than contracted 40 hours,but are required to work unpaid office hours grading and preparing.
Thoughts? Experiences? Links to resources? Thanks!
Buxiban teachers are still subject to the Labor Standards Act and therefore to the new rules. Other teachers may or may not be, depending on the type of school and whether or not they also do administrative work.
http://english.mol.gov.tw/homeinfo/7040/7715/
The “contracting” (承攬) concept is irrelevant for most teachers, who are actually in employment (僱傭) relationships.
I suspected so much. Do you have links to any government websites or other sources?
The English version of the MOL’s website is out of date as usual. It still has the old holidays, so of course it doesn’t have the new overtime rules. The Chinese version should explain things here:
http://www.mol.gov.tw/service/19851/?mainCategory=19852
I haven’t bothered keeping up to date with the confusing “rest day vs. day off” thing because I got sick of hearing about all the different versions when it was being debated. If you’re confused, the labor department is probably a good place to ask. But if you’re not a buxiban teacher, be sure to ask whether or not the LSA applies to you.
Thanks you very much.