With a bit of fear and trepidation, I’m going to take issue with Hartzell’s views in a logical non-name calling enviroment. I respect his work, though I know not the man.
If the contract is not being properly adhered to in a bad way, will mediation even work? Will they even show up? I think maybe for real misunderstandings, but how will the boss feel when his power and authority are challenged by gov’t. arbitration. We are still working with a generation that still remembers and still sees the corrupt gov’t and the White Terror period.
An easier solution, for the employer, would be to cancel the worker’s ARC, file a complaint of some sort, and ignore the whole thing. The worker has 7 days to leave the country and use to not be able to get a new ARC till the prior contract expired in some counties. How do you pursue legal action in a country that you can not legally reside and work in? How will you support yourself and pay attorney fees?
Things are changing, slowly but surely. The problem I have with the next part:
[quote]and then file a civil suit for damages[/quote].
From my understanding employers in Taiwan(anywhere actually) take this very personally. Anything done wrong will ber put forth and even somethings they just made up. I tried this action after my first job here and I didn’t go through with it, except to send a letter of demand. The cost and time would of been prohibitive for scant reward. I don’t do Pyrrhic victories. This is before any labor arbitration board was around or even heard of.
The sums at hand in such disputes are normally low($10-60,000NT). The cost to get them back in labor arbitration are low and I would highly recommend that choice with conditions. In most cases I’d consider the amount lost the price of doing business in Taiwan. Care must be taken as to your choice of working arrangements. I do not know how ARCs will be treated in the future. A cancelled ARC before contract expiration may cause you to be unable to have legal work till your old contract expires. Important point for my more law-abiding comrades. Does anyone have information on how this will be treated in the future? Tealit has become quite useless for such pertinent information(i.e. actual experience versus conjecture and heresy).
Any decision made should look toward the long-term financial gain and not the short-term emotional gratification. Emotion and revenge should play no part in your decision, though they probably will. We are only human.