A couple questions - contract non-renewal, buxiban

Hello all, hoping someone can share their experiences here.

-Was anyone offered optional online teaching hours during Level 3?

-Can I be penalized for opting out of these (greatly reduced) hours in pursuit of survival income, in the way of not having a contract renewed?

-Any merit to verbal agreements made before Level 3 for contract renewal that have since been rescinded? No written or audio record here.

-I believe my employer recorded a video meet in which I shared personal/financial reasons for opting out of online hours. I did not consent to this. Is it legal?

-I’m entitled to severance pay per year I’ve been at the company, right? I’m on a fixed one-year contract; it’s been two years.

-Am I entitled to contract bonus if I haven’t seen written indication otherwise?

Looking into legal guidance/MOL assistance now, but thought you fine folks may add some insight. Feel free to redirect, or if you have a referral to anyone that can help, I’ll gladly take it!

I don’t have any good advice I can think of, but have you asked the labour affairs office in your city/county?

Wasn’t able to get into the local office today, but should get some answers tomorrow hopefully. I’m not sure they’ll be able to help with the question about recording a conversation or verbal promise of contract renewal but I’ll surely ask. Cheers!

For all Covid questions along the lines of force majeure (不可抗力), I recommend checking what the government says, as the situation continues to evolve.

-Any merit to verbal agreements made before Level 3 for contract renewal that have since been rescinded? No written or audio record here.

Force majeure aside, an oral agreement is an agreement and therefore binding unless there’s a reason for it not to be (i.e. one of the situations where it’s required to be in writing*). The problem, of course, is that people lie. :doh:

-I believe my employer recorded a video meet in which I shared personal/financial reasons for opting out of online hours. I did not consent to this. Is it legal?

Generally yes, but it depends. (If they want to publish it without your consent, that’s generally a no.) This question has come up several times in other threads. I can’t find the main one right now, but there’s this for starters.

-I’m entitled to severance pay per year I’ve been at the company, right? I’m on a fixed one-year contract; it’s been two years.

Per year yes, but not automatically one month per year – it depends on whether you’re in the new pension system or the old one (even though severance pay is not a pension).

-Am I entitled to contract bonus if I haven’t seen written indication otherwise?

I would check (1) what the contract says about bonuses and (2) what the work rules (工作規則) say about bonuses. Larger businesses are required to have work rules approved by the labor department (so if they pretend the rules don’t exist you can investigate); smaller ones are not required but may do this anyway.


*ETA: For example, if the contract has a clause specifying that the no part of the contract can be amended except in writing, that would be one these situations. Depending on how it’s worded, you might argue that it doesn’t apply because the oral agreement was for a new contract and not an amendment to the existing contract, but then again if you’re subject to the work permit system you need to go through administrative formalities that include a written contract, so I wouldn’t expect that argument to succeed.

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