Foreigner Labor Rights

[spidy]

I have a contract with my employer stipulating a 1 month notice/ in lieu of pay for contract termination. I have been with the company for 1 year and 9 months now. I was wondering if my employer wants to fire me, which one takes precedent, my contract with 1 month pay or the labor rights of 1 year tenure 1 month severence (in my case 1.75 months)?

[Stray_Dog]

As I understand it, a contract that attempts to break the law is not legally binding. You should be able to go with the Labor Law on this one.

But I’m no professional, so hold out for some better info!

[Juba]

@Stray Dog

As I understand it, a contract that attempts to break the law is not legally binding.

That is what the Labour Rights Association told me. They said the Labour Standards Law sets the most basic standards. Work contracts can give the worker better conditions than those set by the Labour Standards Law, but not worse. If the conditions of the contract are worse than those set out in the Labour Standards Law, the Law takes precedent.

[spidy]

In this case, if I wanna resign, does the contract or the TW Labor las take precedent? My contract says 1 month but the TW labor laws would only require me 20 days.

[Rik]

I have a couple of clarification questions:

Does the required 20 days notice include weekends and holidays or do you have to count 20 full working days?

Is the statutory severance calculated for part years? i.e. if you work for one year and six months would you get one month’s pay (years worked rounded down) or 1.5 month’s?

Any links to the rules?

Thanks

[brian]

@Rik

Does the required 20 days notice include weekends and holidays or do you have to count 20 full working days?

I would not count on a reliable answer to this question from anyone

[sandman]

As workers on fixed term contracts, each end of contract brings about a new contract and hence a new period of employment. The rules that you are referring to relate to people who are working full time jobs under an open term of employment.

I don’t know about this one. I worked for a magazine for 8 years on eight separate one-year fixed-term contracts. When the magazine folded, the boss thought I wasn’t entitled to one month severance per year of service because I was a contract worker. The Labour Council didn’t agree and I got a lump sum severance payment equivalent to 8 months’ salary.
If you work for the same company for a certain number of years, it doesn’t matter what kind of contract it is – they count the length of service, not the length of contract.
At least, that’s how it worked in my case.

[Rik]

Looking on buxiban.com it says that the statutory notice period is 30 days (I asked 20 earlier because that’s what