Most Taiwanese people are all talk and operate outside legal grounds. Contact a lawyer. Once they see you are serious they will give the BS “let’s be peaceful” resolution talk. For fun you can make them cry for a few nights if you decide to let them off.
If what you’re saying is 100% truthful (and on the Internet you never know, but I’ll take your word) then you really need to lawyer up and take this asshole to court. Or at least threaten to until he backs off. Good luck!
Don’t back off. Go get your money.
I had a contract with some fly by night operator. After 3 months, he felt I had out-negotiated him and fired me for doing exactly what I was trained to do. He refused to pay me for that 3rd month. I got a free lawyer and served him the papers. He then tried to have me charged with various and sundry crimes. My lawyer ate him up. He then refused to accept the judgement, so we froze his accounts and were about to take his car when he acquiesced.
Moral: Take them to the cleaners man. If they get away with this, they will keep doing it.
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Was it in Taiwan?
How did you find the lawyer?
Yes it was. Legal Aid Society on Jin Shan Road.
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At least for the keyboard, I have proof that it was accidentall (coffee spill). I have a copy of the e-mail that I sent to IT stating that (1) I accidentally spilled coffee on my keyboard. (2) That it is not working (3) that I request a replacement, and I’ll pay for it. So they can’t get me for that particular thing.
If you still have access to the office tomorrow, you could take some photos of others’ work area if you see scuff marks on the floor and furniture.
Toxic office politics and owner shenanigans.
As always be careful who you work for.
Has the four day period ended yet? If so, you don’t need permission to leave. If they refuse to issue a 服務證明書 or 離職證明書 (same thing), they’re violating LSA Art. 19 and can be fined.
If the contract is still valid, get an unambiguous statement in writing (e.g. email) about whether or not you’re supposed to be at work. Don’t let them claim you’re skipping for three days in a row.
The alternative is to quit immediately via Art. 14.
Suggested wording:
The employer has declared termination of the labor contract without a valid reason and subsequently refused to confirm the termination. However, as the employer does not pay for work in accordance with the labor contract, and as the employer violates labor laws and regulations in a manner that causes fear of the worker’s rights and interests being harmed, the worker terminates the contract in accordance with the provisions of Art. 14 Par. 1 Subpar. 5 and 6 of the Labor Standards Act and requests severance pay to be paid within 30 days in accordance with the provisions of Art. 14 Par. 4 and Art. 17 Par. 1 and 2 of the same law.
雇主已無適當理由表示終止勞動契約，嗣後拒絕確認該終止乙事。惟因雇主不依勞動契約給付工作報酬，又因雇主違反勞工法令，致有損害勞工權益之虞，勞工依勞動基准法第14條第1項第5款及第6款規定終止勞動契約並依同法第14條第4項、第17條第1項及第2項規定請求30日內給付資遣費。
(Do talk to a lawyer or someone at the labor department, though.)
Are they allowed to put the alleged reasons I am being dismissed or why I was “forced” to quit?
Rther than giving me a 服務證明書, the gave me a “Notice of Termination” stating that I was being fired for underperformance, non-payment of debts related to damaged property, and verbal attacks on co-workers. I assume that all of this would have to be determined in court, but as to the first thing they can’t fire you on the spot for underperformance, and for the last two, they have to fire you within 30 days as far as I know.
Did you already call or visit labor department? If so, how did they say?
I’m going today.
Iirc there’s an official interpretation stating the bare minimum of information to be included in it, but nothing about the maximum. Ask an expert though.
- Underperformance: valid under Art. 11 (advance notice and severance pay required) if it amounts to “確不能勝任” i.e. clear incompetence.
- Debts: they can’t deduct anything from your salary that isn’t sanctioned by law (Art. 22 Par. 2), so compensation needs to be sought through a court order. They just shot themselves in the foot.
- Insults: the relevant phrase in Art. 12 is “實施暴行或有重大侮辱之行為”, i.e. it needs to be serious. They’ve already damaged their credibility. I wouldn’t worry too much.
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