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.
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.
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.
I understand the moderator may want to remove this as I answered this question more fully over on the proper thread.
I reported the two teachers to the police and I got a letter saying that New Taipei City have accepted my complaint and are investigating.
The teacher who played security and forced me out of the school has more to worry about. One wrinkle is that the school layout was that you come out of an elevator, there’s a small public area, and then the school doors, which are opened from inside by the girls on reception. Well, this dude forced me out of the school entrance, but rather than stand there, he also physically intimidated me to the elevator doors, i.e. in a public area, where, clearly, I have a right to be. As the video of this is held by the building security, there’s no way for the school to delete it. No matter what, I am going to sit both these teachers down in the district court for a year, and as they live way away from Tucheng, which is a nightmare to travel to, there’s plenty of disruption coming for them (I don’t live too far away from the court, thankfully).
I also applied for mediation and got my date in 3 weeks. Last time, for anyone who may be interested, I stupidly chose “3rd party mediation,” and this meant mediation was outsourced; this time I chose the better option for workers, city employees doing the mediation. I asked for 350k, so we’ll see. Filed a ton of reports on these incidents, too, so they’ll be getting plenty of visits in the coming weeks.
First time I was living in Wenshan, working near Songshan airport, this time I am living in New Taipei, working a short bus ride away. This crap can happen anywhere.
such bad luck