Supposedly it should be the plaintiff’s job to prove that you’re lying. But not all judges understand this. You can get the first ruling overruled (you get what I mean not familiar with legal terms) but the process could be long and painful. Bottom line is, there’s no need to be afraid if you know your rights.
There are some litigious people on here. I’d best watch my step!
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At the local level, yes, or with a similar name depending on the city/county.
That’s one thing I was glad I left in the US long ago, but it’s full balls on in Taiwan now too. 
My understanding is that the English language contract is pretty much bogus. It’s more like a do’s and don’ts guide.
The Chinese language document that’s the legally binding one. I don’t think the gov even looks at the English one that we all sign with great ceremony.
Oh, and you’ll most def want a copy of that doc.
Even the mandarin one is bogus. Only few people know that you might not even need to pay the penalty when you breach the contract. The owner have to prove to the court that they actually spent time and money training you, if it ever goes that far. Even when the court agrees that you have to compensate them, it still doesn’t mean that you have to pay them the amount that’s listed in the contract. The court might give you a discount based on whether it’s a reasonable amount compared to what you’ve earned, the training the company has provided, and the years you’ve served.
Anything with “under no circumstances” or “under all circumstances” is basically BS. Remember, slavery is not allowed in this country. You won’t be treated like a slave even when you sign a slave contract. You would only be treated like a slave when you let people to.
I have yet to see a contract that is legally airtight.
Yet there’s no point arguing with the bushiban and try to negotiate the clauses. The fact that they’ve put it into writing proves that they’re legally illiterate. Plus there’s no harm on your side. Sign it, breach it with an affordable price or no price when you leave. Knowledge is indeed power.
Disclaimer: every contract is case by case and I only speak of my own experience. Get a lawyer if you need legal advice.
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So did ANY cram school teachers manage to get some of these relief funds ?
Apply for any of the schemes ?
Or did it all go to the bosses.
Nope my boss immediately poo pooed the idea because it meant they had to give information to the government department dealing with the relief funds. I don’t think they wanted them sniffing around their accounts.
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How many have signed contracts for the upcoming semester?
I still see lots of schools, many the same week after week, posting their jobs for English teachers.
Does anyone know of teachers who have left or are going to leave the country and not return?
my friend just signed a contract. first time teacher $650 full time (25 hours/week). start in august.
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Anyone know the legal max number of hours a full-time, salaried teacher can teach/supervise students in a week? I feel like I’ve seen 27 or 32 but I can’t the official info online
32 contact hours for cram school teachers.
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It’s supposed to include lesson prep time. (Source: government, but I don’t remember exactly where. Probably a 函 from the MOL.)
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Wait, like the total number of hours that a teacher should be “working” is 32?
I’m thinking about public schools are usually at school 8-4:30 or 5 with 1-1.5 hr break, so 7.5 (or 7) “working” at school each day, but the total classes (40 min periods) cannot exceed 23, so ~15 hours total teaching and then ~25 hrs twiddling thumbs. Maybe a one hour meeting once every three months…
Are the laws only for cram schools and public schools? I ask because at my private school last year we had 38+ contact hours per week last year and I sure as heck will be calling the LSA right away to sue the school for overtime if this is the case.
It’s only for buxiban teachers and only the (foreign) ones who require normal (non-open) work permits.
If “non-teaching related duties” are involved, those hours shouldn’t count as part of the minimum/maximum for purposes of the work permit. Other than lesson prep counting as teaching-related, I haven’t seen information on how they interpret it, but I reckon the definition would exclude meetings of a more general nature and “thumb twiddling”.
poop. I’ll need to do more digging. I’ve seen “27 is the maximum number of contact hours for a salaried teacher” and now “32”. But do private schools get a pass on labor laws that apply to all other teachers?
I should add…
It’s a requirement for the work permit and not anywhere to be found in the LSA. (The work permit requirements are subsidiary to the Employment Service Act.) What makes it a contractual obligation is the fact that the work permit is premised on the contract having the right number of min/max hours.
What the LSA defines as maximum hours is a separate issue, and the overtime rules under the LSA should be interpreted based on the LSA, not the work permit requirement.
(As usual, this is not legal advice…)
wouldn’t interpret it as such 
. Just poking around, trying to get an idea of what I could do about what I (and EVERY teacher I know) considers to be unfair labor practices. Any ideas/pointers/links to official websites would be much appreciated!
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The LSA applies to some but not all private school teachers, keeping in mind that a buxiban is not a “school” in this sense. The work permit requirements for public and private schools should be found in the same regulation as those for buxiban teachers, which as I said is under the ESA.
Funnily enough, that term has a specific legal meaning, but it’s not what you would probably expect.
This might be a good starting point:
You can also consult your local labor department. Show them your contract and see what they think. If there’s doubt about a particular point, ask them when the free legal consultations are available (maybe cancelled due to Covid though).