“In the event of any default by Party B as set forth in the preceding Article 12, Party B shall be liable for the payment of a punitive penalty to Party A in an amount equal to one-month’s salary which may be withheld by Party A from among the salary and other allowances payable to Party B hereunder.”
I find this suspicious and don’t believe they can enforce this by law. Correct me if I’m wrong.
Would like a bit more context. Is this in a contract?
Yeah a public school contract.
What is Article 12?
It likely is illegal as you cannot take salary from a worker as punishment.
Regarding salary, employers are required to pay you for any hours that you work. If they put a clause in the contract that you have to pay a fine, they have to collect that separately from the salary payment. The only real way to enforce it is if you allow them to take it without filing a complaint, or if they sue, which is costly.
That or something like it is in a lot of school contracts. It’s meant to scare you into compliance. The contract should have an exit clause. It’s best just to follow that, but in reality, they can’t legally refuse to keep back your salary.
Are you sure they’re a public school? Public school contracts are provided by the MoE. Sounds more like a private school or cram school kind of thing and generally unenforceable. Also quite easy to go to the Labor Bureau to make a complaint about which is why no public school would try this sort of thing.
This contract is given by a recruiting/hr company (TT) but you are working under public schools. Apparently, it’s been approved by the city government (Education Bureau/department) beforehand. Not sure of how legit it is though.
Article 12:
38.1. Where Party B withdraws from his/her duty or engages in any part-time job during Contract P.11
the term of this Contract without the prior consent of Party A; or is found to violate the regulation of work permit or have acted contrary to the Employment of Service Act
38.2. Where Party B has violated the laws of the ROC (Party A shall not be obligated to assist Party B in handling the litigation procedure or any other relevant matter resulting from his/her unlawful act).
38.3. Where the conduct of Party B has jeopardized the reputation of the R.O.C. Government or Party A.
38.4. Where Party B refuses to take a physical examination, or has failed the physical examination because of being infected with a statutory major contagious disease.
38.5. Where Party B refuses to provide relevant documents and thus has impeded the process of applying for work permit, or he/she is found to have provided false information or documents required therefore.
38.6. Where Party B is absent without any reasons for a period of three (3) consecutive days, or has had an accumulated record of being absent without any reasons for five (5) days.
38.7. Where Party B has acted contrary to any of the provisions set out in Appendix A hereto, and has received three (3) written warnings given by Party A or by an ad hoc team (See Appendix Ｆ for group composition) formed by the XXX City Government.
38.8. Where Party B terminates this Contract before expiration of the term of employment without giving a written notice (dated) of at least 30 days in advance to the Principle of Main Employer School and receiving a written consent from Party A.
I’m curious about this too. I don’t think public school teachers are covered by the LSA, so my assumption has always been whatever the contract says goes.
I remember in one of my meetings the head of my cities program said that as long as we give a months notice then they won’t enforce that clause.
The problem with this is that it doesn’t allow for any flexibility. What if you need to leave ASAP because you need to go back home? Withholding your salary as “punishment” after you’ve already worked those days is dodgy. No one wants to work for free. Even if you give proper notice will they even pay you on time before you leave? Would they be spiteful and nasty towards you during your remaining days? That’s something you have to gamble with. Can’t really trust people’s words unless they have it in writing and signed it.
I guess I will have to call up the foreign consultant at the labor department again and see what he says.
No, that’s illegal. They have to pay you for the work you’ve done.
Yeah, I found it suspicious so thought I should ask because I did remember that wages were to be paid for the hours/days you’ve worked. They can’t refuse to pay just because they feel salty about you leaving.
I wouldn’t assume we’re not covered by the LSA at all but people can run that through the labor department in their city. When I talked to the foreign consultant at the labor department about one public school trying to screw me over, he didn’t tell me to scoot because the LSA didn’t apply to us. Instead he asked if I needed assistance to resolve the issue so I guess (?) some laws still apply to us.
Basically the only people not covered by the LSA are the SE Asian slaves.
Immigrants? Yeah they’re not human according to Taiwan. They can only change jobs if their employers agree to it. It’s messed up.
They call them ‘migrant workers’
Might as well classify them as “modern day slaves” anyone who isn’t self-employed or can’t have the freedom to easily move on.
I don’t recall any announcement that public school teachers had been added to the long list of those covered.
That said, this whole recruiter thing seems murky. Is Party A the recruiter or the school? Is this a sham contract which pretends to be between two parties but sets up a de facto employment relationship with a third party? If the real employer is the company and not the school, does that make the contract subject to the LSA?
Even without the LSA, the salary withholding clause may still be illegitimate on the basis of Civil Code Art. 247-1. Talk to the labor department.
Or better yet…
What century do they think this is? I would just walk. 
Party A is the school in this city you work for 3 public schools the main school gets the final say and makes the important decisions among them. The HR/recruiter is the negotiator between you and the schools but they will side with the schools if you go to court/require mediation (from what I understood).
Ha! Would be easier to walk away if a lot of us knew beforehand they were going to behave like slave masters. We can still walk but have to do it strategically so they can’t bullsh*t us on pay.
I will definitely ask the guy at the labor department about this.
Oh sorry – I skimmed the thread. I didn’t realize you were already working there. 
Whatever the labor department people say, also ask a lawyer just in case. If anything is unclear, ask a second lawyer too.