Me and my roommate are both going thru this right now…
What, if any, are the conditions which a school can keep a fee for breaking contract? I really dont think its reasonable for a school to assume your going to hand over 20-30 000 dollars, for hours youve already worked…
Need some legal advice!! Everyone has different opinions, honorable versus dishonorable etc… but I would like the legal stand point.
Thanks for any help
I don’t know, and you shouldn’t trust advice that I give you about the matter, because I’m not a lawyer here, I don’t know Chinese, and I haven’t experienced the situation you are in.
You should also read the quoted matter below with suspicion, and not believe it on its face.
That having been said:
[quote=“Here’s what someone on Tealit”]
My friend went through this just recently. . . .
The thing at issue is how they have structured collection of the 40,000. If the contract says they will take it out of your pay, it is unenforceable, because the Labor Law prohibits, explicitly, the taking of fines against one’s earned wages.
If your contract says you must PAY them 40,000, then that would be legal.[/quote]
(full post is linked here)
[quote=“Apparently (I don’t know for sure because my Chinese is not good enough), Taiwan’s legislature”]
Article 26 An employer shall not make advance deduction of wages as penalty for breach of contract or as indemnity.[/quote]
(translation of Article 26 of the Labor Standards Act linked here)
Here’s the Chinese version of the above Article:
quote
雇主不得預扣勞工工資作為違約金或賠償費用。[/quote]
(I don’t think I can get a direct link to the Chinese version of the law, but the relevant Chinese page of the Council of Labor Affairs site appears to be here.)
By “keep a fee,” do you mean that the school has already deducted the fee, that is, in advance?
That’s the best I can do. I hope some knowledgeable person will post information/advice about your problem.