Paid Vacation for Foreign English Teachers

As a foreign English teacher at a private Buxiban, after one year, am I entitled to paid holidays as per the Labour Standards Act article 38?

My contract says nothing about vacation other than that it is subject to the school’s approval and I must find a substitute teacher.

It also says that conditions not covered in the contract are covered by the Labour Standards Act.

Some have said the fact that I sign a one-year contract each year denies me this.

However, Article 10 says the service period does not reset with each new contract.

The Act in English: laws.cla.gov.tw/eng/flaw/flawdat … d=FL014930

The 1955 “Labour Issues Hotline” wasn’t any help and suggested I call The Council of Labour Affairs.

No. If you were at a public school, it’d be different.

I would be interested in knowing what the law actually says since I have heard similar but in practice I have never heard of an hourly buxiban teacher getting paid vacation/holidays. If you start playing this card (even if legal) you better be prepared to look for another job when your contract is up.

I’m curious though, as to why the Labour Standards Act doesn’t apply to Buxiban teachers? I suppose they are not deemed applicable under Article 3 by the Central Competent Authority.

Well, because the Gov does not give a f@$k, and none can vote(except the few with citizenship). :raspberry:

Probably the same reason that the “don’t park on the red line” laws don’t apply to, um, any scooters, except once a year or so in a random neighbourhood. In any country there’s a gap between the laws and what actually happens - in Taiwan it’s a fairly large one.

There used to be some legal types that would help with this.
Where are you legal types ?

I found this post by a lawyer in Taiwan:

taiwanease.com/en/forums/top … nomobile=1

“After having my Taiwan-registered attorney colleagues check the rules and then call over again to confirm with the Council of Labor Affairs and again with the Taipei City authorities, they reached the conclusion that private buxiban teachers are subject to the Labor Standards Act.”

It’s crazy to think that Buxiban teachers are not collecting this paid vacation.

Something for you to forward to your boss:

taiwannews.com.tw/etn/news_c … id=1932843

Here is the forum post: taiwannews.com.tw/etn/news_c … id=1932843

I encourage you to be the first and report back with how much your working conditions improve.

I was looking for some constructive input, but so far it is as though these posters are just trying to spread misinformation or fear.

It makes me wonder if they have a vested interest in keeping this information from spreading (ie. business owners).

If this paid leave is legal and guaranteed, and if your employer threatens not to renew your contract because of it, you know enough to know not to want to renew a contract. Also, it’s something that you’d want to record, because in a civil suit, you could argue that the real reason that your contract was not renewed is that you wanted your employer to comply with the relevant laws.

I was looking for some constructive input, but so far it is as though these posters are just trying to spread misinformation or fear.

It makes me wonder if they have a vested interest in keeping this information from spreading (ie. business owners).[/quote]

It’s called the world of reality. Absolutely zero of my friends or anyone on forumosa that I know gets paid vacation, paid holidays or paid typhoon days (hourly contracts, not salaried). Maybe what you say is just but I certainly wouldn’t advise someone to start throwing labor laws and getting the labor board involved. I believe in picking and choosing battles. You might be able to win this battle according to the law but you will certainly lose the war. If I (or anyone that I knew) were in a halfway decent situation I wouldn’t throw it away for this.

The Truth is Out There.

I like information.

Actually thinking about it, I was paid for Chinese New Year this year since I’m salaried. In the past, even when I’ve been salaried, I’ve only been paid for the three weeks of the month. So maybe there have been changes but it’s more likely due to the fact that it’s more affordable now the school only has one foreign teacher.

A lot of teaching-related matters are in a legal grey zone. If you try and force a broad reading of the law on your job, it could come back to haunt you. If you’re not afraid, though, I encourage you to take a stand – change has to start with someone.

Perhaps hourly workers are not considered the same as salaried workers. When i worked once for a consultancy position in Taiwan on an hourly basis, we did not get any vacation time, holiday pay or anything. You worked and you were paid for those hours AT WORK. And that was it.

I think it is time that the hourly workers are treated the same by the law, provided they have been at that same job over 90 days probation, just like salaried workers.

But i supposed the industry if forced to give up hourly pay and adopt the salary system will make it so that you end up worse off, in spite of being paid vacation pay and holiday pay.

Hess, the marquee crap gig, pays NT$520 per hour – is that right?
The minimum number of weekly hours required for the ARC is fourteen.
At the twenty percent tax rate, assuming one year of previous work, that’s $NT5824.

Now all we need to do is find someone who can shift his ARC status after working for a place for two years without a paid vacation, has enough free time on his hands to sue his former employer over the matter, and can hire a lawyer who will work the case on a commission basis (for a whole fraction of almost N$NT6000.).

Maybe you could save on the costs to represent yourself in arbitration; but honestly, given the time lost at trial, many might find their time better spent just working at a better gig.

Also, if this should somehow become the norm, get ready for 補習班 owners to begin canning their employees after completing their one-year contracts, perhaps regardless of performance, in order to avoid shelling out a whopping six grand!

Just got off the phone with the council of labour affairs.

He said that Buxiban teachers are classified as “bai li jie ji” (we were speaking Chinese).

The result of my on-the-fly translation was this:

bai li = 白痢 dysentery characterized by white mucous stool / white diarrhea

jie ji = 階級 (social) class / CL: 個|个

What he was actually saying was “white collar”.