Half of Taiwan's cram school teachers may lose their jobs | Taiwan News |

ha ha hašŸ¤£
I bet the parents are a real fan of that not.
I thought you were teaching elementary or junior high. :roll_eyes:

I teach elementary school kids. But other teachers teach a kindergarten program.

Grade 3

Itā€™s a point of argument in my lawsuit because, yes, fixed-term contracts are appropriate to workers with only an ARC, but as you point out, and the LSA states, if you renew a contract then you are deemed to have continued employment and your contractual status should be regarfed as non-fixed; this is crucial because it impacts on benefits that accrue on account of how many years you have worked in a job (annual holiday pay, for example). The contract I signed tried to nullify this by stating that at the end of each year I was being terminated and rehired.

The judge asked my ex-boss how long I had worked at her school and despite my being there 7 years, she tried to argue I had only worked there 9 months because that was when I had last renewed my contract!

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i assume you were asking for backdated holiday pay? did you get a ruling in your favor?

A recent judgement on severance pay I found in Judicial Yuan database says the foreignerā€™s contract wasnā€™t non-fixed term.

No ruling, stuck in high court, COVID delay now.

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. Answered already

As employer offered me precisely nothing after 7 years, I applied for everything and will see what, if anything, sticks.

There is a ruling of Supreme Court made four years ago, that says a foreign English teacherā€™s contract was not a non-fixed term.

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Does anyone recall the loan amount a buxiban can apply for due to the covid closures?

I donā€™t, but it is the smaller of 6 mil and 6 months of rent and salary a school should pay.

Is that a concrete tabletop?

That is good for teachers then right , as it means the contract keeps rolling on unless terminated ?

employers can terminate a fixed term contract in the same way as they terminate a non fixed term contract, iiuc.

I am asking in relation to accrued benefits. A non fixed terms would mean if an employee signed twice that would mean in the second year the holiday allowance and sickness benefit is increased, whereas in fixed term it starts again from year 1 each time you sign the conract. In simple terms is that correct ?

For the inability of foreigners to be recognized as permanent workers or employees without APRCā€™s, Iā€™m relying on Supreme Court precedent (which is not binding, but I predict theyā€™re going to stick with this rule unless/until the LY changes it).

Feel free to post a link or send me a PM. :slightly_smiling_face:

You keep your existing seniority (å¹“č³‡), which means it keeps increasing, when you renew your contract with the same employer (assuming the gap between the end of the old contract and the start of the new contract doesnā€™t exceed 90 days ā€“ see LSA Art. 9). This is also true if your new contract is with another branch of the same company or if the company technically gets replaced with another company but de facto stays the same (also SC precedent ā€“ let me know if you want a citation). I think this also answers @crusherā€™s question.

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Thatā€™s correct, which means (1) they canā€™t just wait for the contract to end like they could if it were fixed term, and (2) under the LSA they need a reason to terminate (Art. 11, 12, or 13).

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If you have an average comprehension, it must be clear that I donā€™t have a reference on it.

:thinking:

@discobot fortune