Does anyone know what the regulations are if a school wants to dump you, not because of poor performance and not a firing as such, but for subjective reasons related to poisonous inter-staff relationships. My friend has said the school has agreed to pay compensation to her according to the Labor Law. She has worked at the cram school for six months and has a one-year contract. Thanks for any info.
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At least severance.
I would suggest going to the labour affairs centre.
I think she is contacting the Bureau. Has anyone had any experience of this particular scenario?
no no no. YOU go to the labour affairs centre yourself. Employers will not have your interests first.
They want you out? They have to buy you out.
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If the employer can find no justification for termination under the Labor Standards Act, the worker does not need to accept the termination.
If the worker is willing to settle, it should be for nothing less than what the amount of severance pay would be if the employer did have a valid reason for an Art. 11 termination; this is the same amount the worker would be entitled to in the event of an Art. 14 termination (i.e. termination by the worker).
But Marco is right, contacting the labor department is a good idea. They are there to help by
- giving advice,
- introducing the worker to a lawyer,
- arranging mediation (preferably by the department itself, not an outside agency), and/or
- conducting an investigation in the event of a breach of labor law.
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Do not agree to anything or sign anything, unless you are getting more than what you would get based on labor law. Just keep saying you want to work there and you like it there and you want to come back on Monday (or insert whatever date they said they do not want you to come). That way they need to either fire you or offer you compensation to agree to quit. If you are unemployed you can probably collect unemployment benefits, but only if you did not quit by yourself.
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…if you have employment insurance (jiubao not laobao).
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I am not sure about this, but do people in Taiwan not get very minimal unemployment benefits if they are laid off? Like for 6 months? I never was in a position to be able to claim this, but that was my understanding. Or do you need to get your own insurance?
Most Taiwanese and some foreigners have jiubao (most also have laobao, including most foreigners).
Additionally, severance pay is compulsory in the event of a conventional layoff (LSA Art. 11), if it’s an LSA job, which buxiban teaching is.
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