Legal options for an unfair dismissal.

Legal Legal - Work
1

Hi all,

I am having some issues with my employer (an international school) and I was wondering what the process is if a contract has not been honoured or if an unfair dismissal takes place.

What is the regulatory body that takes care of this? Further, do the courts/arbitrators treat employee complaints fairly?

I’m still employed and all of the issues would be considered minor and far from grounds for dismal in my home country.

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Could you go into details about the issues or any incidents they cited against you?

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FYI

Labor Standards Act
Articles 11, 12, and 13 are on termination of a labor contract by an employer.

Notices on Work Rights of Foreign Workers in Taiwan:Ministry of Labor

Act for Settlement of Labor-Management Disputes

Regulations for the Mediation of Labor-Management Disputes

last year, they handled 12 cases of disputes on dismissal, 7 were closed, and 4 were concluded to be unfair dismissal.

不當勞動行為案件統計資料 in Chinese

And you may want to call @yyy.

4

This isn’t your home country. Did you breach any rules in your contract? I second Zapman. Give us the details, so we can judge whether a challenge is warranted and the steps you should take.

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The term “unfair labor practices” specifically refers to Art. 35 of the Labor Union Act (as stated in Art. 39 of the Settlement law linked to above); afaik it doesn’t officially refer to anything else.

http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=N0020001

@bluewhale as a “school” teacher (not a buxiban teacher), you are not necessarily subject to the Labor Standards Act. Ask a qualified person for advice.

The Civil Code still applies whether or not the LSA applies. You are most likely an employee, i.e. subject to Art. 482 to 489.

http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=B0000001

There have been some controversial court cases in Taiwan, e.g. the high school teacher who criticized the Minister of Education and then fought for her job all the way to the Supreme Administrative Court; she (iirc) lost, but then the Control Yuan decided she hadn’t received a fair trial. I haven’t kept up with the news lately, so I don’t know if she got her job back…

It’s difficult to give an opinion on your case without more information. (Of course, nothing posted here is legal advice anyway.)

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