High Court orders ex-employer to restore my labor pension account

My lawsuit in the High Court (Labor division) has ended and my former employer (a buxiban) has been ordered to restore my labor pension account with an appropriate sum (from the date of my marriage to a Taiwanese to the date my employment there ended).

This decision may be of interest to any foreigner who has married a Taiwanese and not received the appropriate labor pension contributions from their employer. There is no time limit on when one can claim these missed contributions. The Pension Act actually includes “commissioned work” as also requiring such contributions, so one may not need to establish there was a working relationship (though in my case it seems the judge did rule there was a working relationship, regardless of the contract being a commission one; don’t have the full decision yet, so can’t be more precise).

My claim for five years’ worth of annual leave was also successful.

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HAMMER 'EM HUBERT! bookmarked.

Honestly great to hear that you succeeded. Really valuable share thanks.

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Many thanks. Two years of stress for not that huge a sum, but they thought I was entitled to zero after seven years of service. Sure they’re hurting after receiving this decision.

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Congratulations!

working relationship

I assume you’re referring to 委任關係 (委任契約) and 勞雇關係 (勞動契約) respectively.

I look forward to reading the full text, if you’re willing to share it or to share the citation.

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I don’t know the Chinese, but the Civil Code calls it a “contract of mandate,” meaning it is not covered by the Labor Standards Act (really the whole point that buxibans use it). The “working relationship” has three parts you have to demonstrate re subordination, I can only translate them roughly: organization, personality, economic.

I will make the full decision available in due course, though it will be a case of anyone interested PMing me.

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Sweet.

I found out recently my employer stiffed me of labour I stance contributions for up to two years.
Good to know you can sue to get them later.

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Yes, that’s a 委任契約 (although technically a 委任契約 can also be a 勞動契約, unlikely as it is).

The three prongs of subordination are (in the order you listed) 組織從屬性、人格從屬性、經濟從屬性.

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