I’ve been advised before that once a worker has passed 3 months of work, even without a contract, they are then considered a regular employee and treated as such under the Labor Standards Act.
Now they(the buxiban) is trying to get smart,asking me questions about my tax history,& as far as I know,a two hour working week is non-taxable.Are they required to register part-time employees with the tax authorities?
Bluffing. Tell 'em your taxes are paid up in full under your own recognisance. [color=green]Edit: In fact, don’t tell 'em any such thing. Just tell 'em not to worry about you but to concern themselves instead with making sure their school is perfectly in order.[/color] They simply don’t seem to be aware that your employment status is essentially the same as a Taiwanese person and not as a foreigner. Have they ever employed a JFRV-holding foreigner before? You are holding ALL the cards.
Thanks,Sandman.I’m not sure they have ever employed a JFRV foreigner before,at least not at this particular school;it’s new-only been in operation since June or July of last year.
There is a minimum salary under which withholding does not need to be done for an employee. This is currently somewhere in the $40 thousands per month range if I recall correctly. Unless you are extremely well paid for your 2 hours a week then I’d think you are under the cap. The employer still needs to prepare a non-withholding tax certificate for the employee after the end of the year showing any income for which withholding wasn’t done.
Bottom line with the tax issue though, since you started work with them in 2006 and tax for 2006 is not yet due, any irregularity with your taxes would be with the employer provided tax certificate, and that’s all their problem.
Thanks Jlick.Slightly off the topic,I looked at your site & noticed that your Chinese family name is exactly the same as mine…黎.
is all this worth it for a ten day notice for a 2 hour a week job?
Not really. But it’s all about making the company bend over to pick up the soap.
It is worth it,to let them undertand that they cannot ride roughshod over people & to show them that their arrogance will not be tolerated.I feel especially indignant that is was they who practically begged me to teach this one class of kids after I had only been teaching adults there initially & only ever WANTED to teach adults.
As Sandman said so hilariously,it’s about making them pick up the soap.
Update:The CLA seems to be doing their thing for me.I called them yesterday.
Thanks again to everyone who has offered advice to me on this issue thus far.
This has not been my experience.
CLA referred me to some volunteer employees rights org., and seemed most interested in the ARC considerations: “When were you terminated?” “Do you know you can only stay for 14 days?”, etc.
A friend who was dismissed for similar reasons and who threatened to sue was told by his (former) employers something along the lines of: ‘We’ll just say you abused the children’. The CLA told him, “Let it go. Mei-ban-fa.” etc.
This is first hand information, not speculation or heresay. I have no faith in the oft-mentioned ‘legal recourse’ open to dismissed foreigners.
Local lawyers I spoke to in my case ranged from: “You’re a foreigner, it would be impossible” to “Foreigners aren’t covered by the Labour law.”
Banana republic. Little enforcement of laws. Sheesh.
“Do you know you can only stay for 14 days?”…What do you mean by “stay”?
Sorry Taiwanderer,
I was on an ARC. Different scenario entirely. Your JVRC means you don’t need to worry about permission to stay.
No problem.Of course,I have an ARC,too,but it is classified as a JFRV I believe.
Well,I’m happy to report that the CLA has come through for me.I’m getting a settlement payment from my previous buxiban 
It’s in line with the amount of notice they should’ve given me.A small amount it is,but that was never the point.They’ve been made to pay for their arrogance.For all of you who have JFRVs,ALWAYS get a contract,no matter if it’s a part-time gig or not.
Had I insisted on a contract to begin with,I’d have had more leverage in this case, & thus would have been awarded more money,but even as things stand,the school has been made to,as Sandman said,bend over & pick up the soap.
So,the moral of the story is,if you have a JFRV,you are legal,& your cram school should behave in a legal fashion,too.
Thank you CLA,& everyone who advised me!
Nice, way to go Taiwanderer! It’s great to see someone take a few steps to actually do something rather than just come here and bitch. Let it be known that things can be fair for the laowai’s on this little island.
Congratulations, Taiwanderer!
Thank you again everyone!(Jlick & Sandman in particular.)
Even though my wife(who’s Taiwanese) & ONE other Forumosan,suggested that I just “let it go”,my sense of indignation was such that I couldn’t.I hope this thread gets read by those who will be able to benefit from it.
Wow - someone who actually won! Congratulations!
Glad to read that you were successful, Taiwanderer. Sometimes it’s not about the money.