Hello all! I’ve found my current employer to be blatantly violating a LOT of labor and general laws and this is affecting the performance and mental health of everyone at my work. Sadly, most people who have tried to do something about it shut down after the people on top tell them they have no rights. “Don’t even try”, they say. But it’s quite clear this is a subordinate culture thing, and the laws are quite clear.
I called the labor bureau and they told me to give them my info and they could be over promptly, but I don’t think they would have my best interests in mind, especially since I’m a foreigner.
I am probably going to contact @Marco’s lawyer, but I was wondering what the cost of a lawyer would be to resolve a dispute like this? Is it possible to file this complaint anonymously? I know that legally, I cannot be fired for bringing forward such a complaint, but how much protection do I actually have? (The last of these being the main reason I am willing to pay for a lawyer. I just want to know an approximate cost). Any suggestions or help would be much appreciated!
Everything I’ve heard on here and elsewhere suggests your anonymity can’t be depended on even if nominally provided. I’d want to have other work lined up at a minimum and be ready for the possibility of retribution through the legal system, even for seemingly spurious reasons.
I talked to one about 2.5 years ago for a labor issue. He was a partner at his firm and charged 6,000 NTD an hour, but you don’t just pay him. You get charged for everyone that touches your case, so junior lawyers, the person above him, etc. In total I was looking at 85k NTD and that was for their research, sending formal letters, and mediation (not including a translator if I wanted to be there). If it went to trial it would be more. I chose not to do it, as you have to pay upfront, can’t wait until you win or lose.
In the lawyer words though, if I wanted to destroy my old company choose them. If I wanted to make money from this then go with a small local place.
How much of blatant violations are we talking about?
As a qualified teacher I believe you have a lot of bargaining power in Taiwan, the market for teachers is quite competitive, if the place is not good for you, you can easily find a replacement.
Accident + Labor disputes = This happen to my brother
I went to lawyer (the free one) and they told me we will not win on this case - they prefer the accident so I immediately drop it and went to alternative since I can’t handle the shouting and so on.
She handle the accident which she didn’t ask any fees but she did ask 10% charge for labor disputes.
That is really far away and way past from the things I’ve been charged for. Mine is fair, and happy to recommend but the Labour Affairs Centre is free first.
But, I would document and wait until you are ready to leave and have something else lined up.
Yikes. This is mostly an expected hours/not paying overtime issue, but I do sense that if they had to pay all 200 or so teachers the overtime they were due from the past 30 or whatever years, they would no longer be in business. So I guess I’d end them with or without a lawyer…
My issue is the “in person” side of this. I work Monday-Friday. Unless they’re open in the weekend? But if they really are helpful, I’ll go to them first
Meh. I would love the job if the working hours didn’t equate to ~60 hours/week with no overtime pay. But right now it’s unsustainable. I spend evenings and weekends literally staring into space for hours on end because I do not have the brain power to do anything else. Not how I want to live my life.
damn this country sometimes…
When the inspectors come to “observe”, the entire day is turned on its head: people from the office come into the classroom to pretend to be teachers because the correct adult:student ratio is not met any other day of the year, children can’t put their backpacks where they normally do because those are stored in a space that isn’t legal (and kids normally go in that space all the time, by themselves/without supervision), clubs and PE class aren’t held in spaces that are legal, sometimes you have one teacher bringing 30 children down the road and across the street to attend off-campus activities (soooooo illegal and also incredibly dangerous, even with the most well-behaved children). Teacher lunch breaks are constantly cut short because of obligations made by the admin, making for 9 hours and 10 minutes of direct contact with children, every day.
I’m so tired of changing jobs because of shitty schools. I’m a licensed teacher with a decade of experience who speaks fluent Chinese, yet every school I’ve worked at here has only wanted a white person to show off to the parents; they do not care at all about my qualifications. I really want this job to work, but I also cannot keep going to bed at 8pm and waking up at 6:30 am and still feeling dead in the morning.
Then you need to document everything, including hours and time cards etc…
Once you go to the labour affairs centre, they will be sending a letter to the employer to meet for mediation. You can choose to agree or continue to court.
Oh I figure they’d make my life miserable. But I’ve brought up the hours issue with them before. They said “that’s not how we run our school”. If they were compelled to pay everyone’s back overtime pay and adjust the school hours, they would cease to exist. So I kinda figure I’d need a “way out” regardless, cuz there wouldn’t be a job for me to return to, given the financial ruin and pissed off parents they would face.
I’m looking for a teacher to work at my school. It’s hard for me to leave the classroom because I know anyone that replaces me will be a noticeable downgrade. I think, with you, the kids might benefit me taking a break
To clarify, the labor department (“Labor Affairs Department” or whatever name they choose – it varies by city/county) can do three things:
hook you up with a lawyer for a free but short consultation (and give general advice when the lawyer isn’t in),
arrange mediation either by itself or by an outsourced organization (choose the department for professional service, unless you’re in a huge hurry), and
perform an inspection. The office that handles inspections isn’t necessarily located in the same building as the main part of the department.
All of these services are free. The LAF also provides free, short consultations, and if you go to court and qualify (low income and assets), it can take on your case and represent you for free or for a small charge.
If you pay for a lawyer, shop around for sure, as they vary in both price and quality.
Keep in mind that mediation is required before a trial can proceed (for employment cases), so if you file a suit without having gone through mediation, the court will arrange it, and even if you reach a settlement that way you will still need to pay a fee (unless the LAF is covering it), so going through free mediation via the labor department is a better idea. Also keep in mind that mediation is not binding unless both parties agree on a settlement at the end of the session (and if it’s court mediation they can make you try three times before letting you see a judge).
