# Are hourly paid cram school teachers entitled to paid maternity leave? **URL:** \ **Category:** Legal - Work\ **Tags:** cramschools, english-teaching\ **Created:** [April 20, 2023, 6:31pm UTC](https://tw.forumosa.com/t/are-hourly-paid-cram-school-teachers-entitled-to-paid-maternity-leave/229528 "2023-04-20T18:31:22Z")\ **Posts on this page:** 10\ **Page:** 1
**Author:** ![racoon1717](https://forumosa-12829.kxcdn.com/letter_avatar_proxy/v4/letter/r/f1d935/32.png) [@racoon1717](https://tw.forumosa.com/u/racoon1717)\ **Post date:** [April 20, 2023, 6:31pm UTC](https://tw.forumosa.com/t/are-hourly-paid-cram-school-teachers-entitled-to-paid-maternity-leave/229528/1 "2023-04-20T18:31:22Z")
I was told by the cram school’s manager that because I am being paid hourly (I was given a contract that does not mention any benefits) I am not entitled to the statutory two months of paid maternity leave. I have worked for them for over two years. ---
**Author:** ![dan2006](https://forumosa-12829.kxcdn.com/letter_avatar_proxy/v4/letter/d/ea666f/32.png) [@dan2006](https://tw.forumosa.com/u/dan2006)\ **Post date:** [April 20, 2023, 8:29pm UTC](https://tw.forumosa.com/t/are-hourly-paid-cram-school-teachers-entitled-to-paid-maternity-leave/229528/3 "2023-04-20T20:29:58Z")
Sounds about right for crappy cram school management. I suspect they are right since cram schools fall under a different employment rule than other jobs and you are hourly, almost considered a contractor. @tando might be around shortly to clarify ---
**Author:** ![yyy](https://forumosa-12829.kxcdn.com/user_avatar/tw.forumosa.com/yyy/32/12085_2.png) [@yyy](https://tw.forumosa.com/u/yyy)\ **Post date:** [April 20, 2023, 10:34pm UTC](https://tw.forumosa.com/t/are-hourly-paid-cram-school-teachers-entitled-to-paid-maternity-leave/229528/4 "2023-04-20T22:34:18Z")
Short answer: buxiban teachers are as entitled to maternity leave as working people in general are. The hourly rate is a red herring, and the manager probably (but not definitely) knows this. But see long answer. Long answer: see thread linked below. > [@Commissioned Employee? Is this legal for a cram school to avoid paying benefits](https://tw.forumosa.com/t/commissioned-employee-is-this-legal-for-a-cram-school-to-avoid-paying-benefits/177807/): > > My cram school made me sign a contract saying that I am a commissioned contractor or something and so they are not liable for any labor insurance, health insurance, paid leave, retirement benefits ect… Is this legal? I have to go to their location to work. ---
**Author:** ![racoon1717](https://forumosa-12829.kxcdn.com/letter_avatar_proxy/v4/letter/r/f1d935/32.png) [@racoon1717](https://tw.forumosa.com/u/racoon1717)\ **Post date:** [April 22, 2023, 5:17am UTC](https://tw.forumosa.com/t/are-hourly-paid-cram-school-teachers-entitled-to-paid-maternity-leave/229528/5 "2023-04-22T05:17:37Z")
> [@yyy](#): > > red herring Thanks a lot. While the contract doesn’t mention any benefits, they pay my health insurance and labor insurance, as well as sponsor my ARC. My spouse (not Taiwanese) and I went to the City Government Civic Centre and explained my case to a few public defenders and a government officer. We were told that all full-time cram school teachers should be paid their two months of maternity leave, whether salaried or paid hourly. We’ll be scheduled for a meeting organized by the Labor Department, with the cram school owner sometime next month to discuss what I should have been paid last year when my child was born. I’m a bit concerned about them trying to make things difficult for me at work while this situation is resolved. Ironically, they claim that their teachers are paid “hourly”, yet refuse to pay for mandatory meetings which last 15-30 minutes, any audio recordings of books/keywords done for the classes, or lesson planning. Following the advice of another thread here on Formusa, I’ve begun punching in my card for any extra time spent doing anything work-related and taking pictures. Unfortunately, I wasn’t aware of my rights until recently. Nonetheless, I’m glad I am now more informed. ---
**Author:** ![yyy](https://forumosa-12829.kxcdn.com/user_avatar/tw.forumosa.com/yyy/32/12085_2.png) [@yyy](https://tw.forumosa.com/u/yyy)\ **Post date:** [April 22, 2023, 10:49am UTC](https://tw.forumosa.com/t/are-hourly-paid-cram-school-teachers-entitled-to-paid-maternity-leave/229528/6 "2023-04-22T10:49:45Z")
> [@racoon1717](#): > > punching in my card Free not-legal advice: make a disproportionate fuss about that whenever they play the “you’re not a real employee/worker” line. “How can you say it’s not a relationship of subordination (從屬性) when the plaintiff is forced to use a _punch card??_” :rant: They’re on very shaky ground, and most likely they do know it. ---
**Author:** ![racoon1717](https://forumosa-12829.kxcdn.com/letter_avatar_proxy/v4/letter/r/f1d935/32.png) [@racoon1717](https://tw.forumosa.com/u/racoon1717)\ **Post date:** [April 27, 2023, 6:51am UTC](https://tw.forumosa.com/t/are-hourly-paid-cram-school-teachers-entitled-to-paid-maternity-leave/229528/7 "2023-04-27T06:51:12Z")
When the manager asked why I was recording the extra time, I explained that it’s extra time I spend doing work they ask for that needs to be paid for. She said they can’t pay for it otherwise they’d have to pay all the teachers for all the extra work. I nodded, and she proceeded to offer to pay for that extra time herself, instead of getting the company to pay for it. She then said that I will no longer be asked to do lesson plans, recordings, or even attend meetings anymore. That if there is anything absolutely necessary for me to do for them, she would cover it from her pocket. Should I blow a whistle about this with the other teachers? ---
**Author:** ![ReBorn](https://forumosa-12829.kxcdn.com/letter_avatar_proxy/v4/letter/r/9dc877/32.png) [@ReBorn](https://tw.forumosa.com/u/ReBorn)\ **Post date:** [April 27, 2023, 7:50am UTC](https://tw.forumosa.com/t/are-hourly-paid-cram-school-teachers-entitled-to-paid-maternity-leave/229528/8 "2023-04-27T07:50:31Z")
wow, you should get audio recording of this. AFAIK, it IS legal to secretly record conversations that u r a part of, but not conversations you are not a part of. As far as telling coworkers, depends on what u want moving forward, fair pay for YOUR work or to do a Harriet Tubman and free all the cram school slaves. ---
**Author:** ![racoon1717](https://forumosa-12829.kxcdn.com/letter_avatar_proxy/v4/letter/r/f1d935/32.png) [@racoon1717](https://tw.forumosa.com/u/racoon1717)\ **Post date:** [April 27, 2023, 8:30am UTC](https://tw.forumosa.com/t/are-hourly-paid-cram-school-teachers-entitled-to-paid-maternity-leave/229528/9 "2023-04-27T08:30:51Z")
I actually did secretly record the entire conversation. However, I’m not sure how to move forward with it. ---
**Author:** ![yyy](https://forumosa-12829.kxcdn.com/user_avatar/tw.forumosa.com/yyy/32/12085_2.png) [@yyy](https://tw.forumosa.com/u/yyy)\ **Post date:** [April 27, 2023, 9:20am UTC](https://tw.forumosa.com/t/are-hourly-paid-cram-school-teachers-entitled-to-paid-maternity-leave/229528/10 "2023-04-27T09:20:56Z")
There are other threads about that. 🔍 Deal with your own situation first. :2cents: ---
**Author:** ![Taiwan\_Luthiers](https://forumosa-12829.kxcdn.com/letter_avatar_proxy/v4/letter/t/73ab20/32.png) [@Taiwan\_Luthiers](https://tw.forumosa.com/u/Taiwan_Luthiers)\ **Post date:** [April 27, 2023, 9:25am UTC](https://tw.forumosa.com/t/are-hourly-paid-cram-school-teachers-entitled-to-paid-maternity-leave/229528/11 "2023-04-27T09:25:53Z")
I’m sure the law doesn’t make a difference but I almost have the impression that in Taiwan when you are paid hourly you’re almost treated like temp workers…