I see in the Labor Standards Act laws.cla.gov.tw/Eng/FLAW/FLAWDAT0201.asp that all foreign workers are entitled to holiday pay. 1 week per year. My boss is not renewing my contract and is refusing to pay any holiday pay. Does she have the right to withhold this?
Also I mentioned this to some former workers at the school who have since left and they were never paid any holiday pay, even though they were there for more than 3 years. Is this law retroactive? I have tried going to the labor board but am unwilling to get them involved as they insisted on seeing my contract and speaking to her direct. My fear is that if they start making phone calls to her, she will do something really stupid (she has history) and go crazyass.
No definitive answer as of yet, although it looks to me like foreign teachers are entitled after their first year in employment. Getting it would be another matter.
You are fighting an uphill battle on this one. As far as I know almost zero hourly foreign teachers get paid holiday/vacation pay. If you want to go this route then you better be prepared to take it to several levels of gov’t middle management that will probably tell you ‘no, you don’t get holiday/vacation pay’.
I dunno. If the boss isn’t renewing the contract then I don’t really see what the OP has to lose. Threaten the boss with the CLA and see if she decides it’s less hassle just to pay another week’s pay.
Too many pussies round here . He who dares, Rodders. He who dares.
Bejesus…there was me thinking I was gonna get lucky. Am thinking of starting a fight with her her just for crack of it and because deep down I know that I’m in the right. Will let you all know how I get on. Thanks for the replies. Much appreciated.
What makes you think that you fall under the Labor Act? Did you sign a contract? If so, dig it out and have it translated. Chances are that you are a contract laborer. No mention of any benefits.
Well, there are some extremes that should be recognized but not for this topic, Why in the hell should you get a paid vacation that is not covered in the contract. Also, what about paternity leave, the monthly MC days off.
If in doubt, read the contract. There are a few exceptions to the contract, but not many. You took the job and you should live with it or go find a salaried employer that will pay you 50 k per month for 65 hours per week and a paid week off every year. Sorry if that sounds rough but you signed the contract. Live with it.
[quote=“2Enigma”]What makes you think that you fall under the Labor Act? Did you sign a contract? If so, dig it out and have it translated. Chances are that you are a contract laborer. No mention of any benefits.
[/quote]
[quote=“2Enigma”]What makes you think that you fall under the Labor Act? Did you sign a contract? If so, dig it out and have it translated. Chances are that you are a contract laborer. No mention of any benefits.
Well, there are some extremes that should be recognized but not for this topic, Why in the hell should you get a paid vacation that is not covered in the contract. Also, what about paternity leave, the monthly MC days off.
If in doubt, read the contract. There are a few exceptions to the contract, but not many. You took the job and you should live with it or go find a salaried employer that will pay you 50 k per month for 65 hours per week and a paid week off every year. Sorry if that sounds rough but you signed the contract. Live with it.[/quote]
Labour law supersedes any contract. It seems that if you only work less than one year at any particular job you are not entitled to holiday pay, however if your contract is renewed annually you are entitled to holiday pay, there is also a difference between being hired directly by an employer or by an agency. All foreign teachers are hired directly in Taiwan so if you are on full time ARC for one school for more than one year, even if it is renewed annually, they owe you holiday pay.That’s my reading of it.
You should step back and check and think about who is breaking the law here?
Thanks for the replies. As Headhoncho 11 says Labor Law supersedes any contract, that was my understanding of it too. I’m not sure where you’re coming from 2Enigma? As an English teacher I fall under the Labor Standards Act, that much is confirmed. I don’t know why you thought I was a contracted laborer. Please read the full post before bothering to reply.
In regards, to how long I have been at the school, I have been there exactly one year (at least contractually). Not under, not over. Where does that leave me? Also what about teachers who have worked there in the past (for over a year)? Do they have an entitlement for backdated holiday pay? Thx
Be aware that the one year of employment starts from the date that your ARC was issued, not when you may have signed the contract.
And, as far as I’m aware (coming from my wife who manages a buxiban) you are entitled to 7 days paid holidays after your first continuous year of full-time employment (14hrs/week) in the next working year. Therefore, if you work only one year and do not continue employment with the school after the one year period the school is not required to pay holiday pay.
[quote=“Flatpatcat”]Thanks for the replies. As Headhoncho 11 says Labor Law supersedes any contract, that was my understanding of it too. I’m not sure where you’re coming from 2Enigma? As an English teacher I fall under the Labor Standards Act, that much is confirmed. I don’t know why you thought I was a contracted laborer. Please read the full post before bothering to reply.
In regards, to how long I have been at the school, I have been there exactly one year (at least contractually). Not under, not over. Where does that leave me? Also what about teachers who have worked there in the past (for over a year)? Do they have an entitlement for backdated holiday pay? Thx[/quote]
You get your seven days of paid leave after you have been there one year, but you can be certain that your school will try to come up with some kind of trick to not give it to you. The teachers that worked there in the past, like many teachers, probably had no idea that they are allowed by law paid leave (or unpaid personal leave, or half-pay sick leave, or paid funeral leave, or paid marriage leave, or paid maternity leave, or paid paternity leave). Some companies will carry your paid leave over or give you the unused days in cash at the end of the year, but in my experience most schools would prefer their teachers didn’t know about such crazy things in the first place.
