Leaving TP Cram School before Contract, recieved retaliation, only recieving 10 hours/week

Legal Legal - Work
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I’ve decided to break my 1 year, first-time contract early. Although I wanted to leave ASAP, I agreed to stay on for 5 more weeks to avoid conflict.

I’ve just received my termination documents from my school, which I plan on using for submitting a 6-month job seeking visa.

Here’s my problem: since I’ve put in notice, I am experiencing retaliation from my branch, and have been reduced to only 10-12 teaching hours per week, which of my knowledge is a breach of MOL article 42. As a result, I intend to leave the school 3 weeks before the “last day of employment” which is stated on the termination doc.

I have two questions:

  1. If I apply for my extension visa before I leave early (three weeks before stated on doc) will this effect my visa application? I figure since I have the schedules and hourly statements showing I’m given less than 14 hour/week I have fair reason to leave early.

  2. Do I have any legal recourse or legal assistance I can seek re: Article 42? I’m not a litigious person by any means, however my school has been a veritably abusive shit show from day 1 and, considering this recent retaliation, have finally had enough of being so amicable.

Thanks for you help.

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You can consult with Labor department. They can explain your situation and rights and provide mediation if necessary.

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In the meantime: i before e, except after c!

Cheers,
Guy

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Is an exception more than a rule.

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Hi Sabertooth :cat:

It’s not MOL Art. 42 but Qualifications and Criteria Standards for foreigners undertaking the jobs specified under Article 46.1.1 to 46.1.6 of the Employment Service Act (or 外國人從事就業服務法第四十六條第一項第一款至第六款工作資格及審查標準) Art. 42. To be clear, it’s not a law in itself but a 標準 under the Employment Service Act, which in turn is a law.

Try quoting the relevant content at your boss, with a patient smile, explaining that you’re doing this out of compassion because you want to make sure your employer doesn’t get into any trouble for your sake. :innocent: :heart: :rainbow:

The response will probably be along the lines of oh but that’s just for an application, not for after the work permit is granted, to which you can reply along the lines of if that were true, bad employers (not you of course) could just make up any random bullshit and put it on an application, so the requirement would be meaningless, and besides I already spoke with so-and-so at the local labor department who confirmed this (assuming you have spoken with so-and-so who did confirm it). Depending on how obnoxious your boss wants to be, you may need to take it to mediation (and hypothetically further action after that if mediation fails). Have fun!

I think you mean an extension to your ARC. My understanding is that the NIA wants you to have a termination letter when you apply. As a buxiban, your employer is obligated to provide this in the form of a 服務證明書 (or 離職證明書) upon termination if you so request, in accordance with Art. 19 of the Labor Standards Act.

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thanks