I just received a contract for a public school teaching position, and I am unsure of its legality. For example, there is an article that allows the school to ask a teacher “to depart Taiwan immediately” for breach of contract. There is another article that allows the school to withhold one month’s salary as a punishment for breach of contract, which I understand is prohibited by Taiwanese labor laws. I’d love some guidance by legal experts/attorneys on whether a public school teaching contract can legally enforce such things. Thanks!
I’m not a lawyer or labor law expert but you can be deported for breaking laws. Otherwise, there’s usually a bit of time before your work permit gets cancelled/terminated so “immediately” seems unreal-or so I thought. Contact your local labor department/center for more definite answers. Withholding one month salary as a penalty is actually illegal and they can’t do that. If you’ve worked those hours/days they need to pay you–all wages must be paid.
Just wondering is this contract offered by Teach Taiwan or by the MOE/Bureau of Education?
I think it is illegal.
Don’t have anything like that in my contract.
I know this clause was in my old contracts and the school and whoever was in charge of the English program in the city just said to give a one month notice and they wouldn’t enforce that clause. I think I read somewhere that they can’t withhold it from your paycheck, they have to bill you for it and you have to pay them. (If I’m wrong about that someone can correct me.)
In my new contract for next year they got rid of that clause and actually replaced it with them having to pay me 1 month severance pay if they break the contract.
Then you need to go ask an attorney and not an Internet forum full of “experts” 
The company could fire you and then inform the government you no longer have a job, but only the government can revoke your visa and deport you and there are legal processes for that. This contract sounds very illegal.
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Many of us have direct experience with these things and can speak with confidence. It is not legal advice, but we can still know whether or not things are illegal. The derision is unhelpful. I can understand why one would want to get an idea before spending thousands of dollars on consultations that may go nowhere.
And the labour affairs centre can offer advice for free before contacting a lawyer.
@jcasnyc the contract is illegal. Talk to the labour affairs centre.
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Thank you. I’ve already scheduled a meeting with Legal Aid. The contract is from Teach Taiwan.
Yeah, I think so too. It was my understanding that salary cannot be withheld.
Yes, but (1) it’s not as if Taiwan is filled with English-speaking labor attorneys, (2) attorneys do often contribute to this forum, and (3) teachers with experience dealing with the legality of teaching contracts in Taiwan can often offer helpful advice.
Do you know of any English-speaking labor attorneys that I might connect with?
Thanks so much. I’ll try reaching out to them.
Go to the one in your city/county. Not the central government.
I do. I regularly talk to him and then share what I learn. He’s Taiwanese Canadian. Fluent English.
But alas, I am an implied fake expert on an internet forum…
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Got it. I’m in Taichung. I’ll try searching for some contact info.
They have a Taichung office.
The 04 telephone numbers.
Perfect. Thank you!
Alright, I thought it was from them seems identical to my current contract–which I am finishing up and won’t be renewing. Good luck!
Btw, if you can get a better offer/contract you should opt for that instead. TT is a HR/recruiting business they will give you the contract and hand you over to other parties to manage. Which can be a disaster. It’s barely a program by only giving you a coordinator that can’t advocate on your behalf.
Ask for Serena or Leanne for English help.
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I see. Honestly, I’m just looking to work for another 2 years to earn my APRC. But, I’ve been disappointed with TT in particular and the public school system here in general. Although I have six years of international teaching experience, including two at a major private school in Taichung, TT is starting me on the lowest possible salary scale. They are not compensating me for my experience in Taiwan, claiming that the FET program only pays for Taiwanese public school teaching experience. They are also not recognizing my M.Ed., even though it is on the MOE’s approved list of foreign schools, because I earned it through distance learning (as many people did post-COVID when universities transitioned to online learning). Just so disappointed, and, on top of all this, the contract seems legally questionable at best.
Will do. Really appreciate the help!
Well it seems like you’re not licensed to give legal advice, so…
Sorry it’s just always important to remind this to people who ask for legal advice online, it’s nothing personal.
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