Would anyone be able to help me understand if this is legal.
After my contract has ended, my performance bonus was paid and now the agency who ran the govt. program is requesting that I pay back the bonus saying it was incorrect.
Also, what are my free legal options here?
(The program was from January 1st 2018 to July 31st 2019 so they paid a 12/12 month bonus for 2018 and a 7/12 month bonus for 2019. [Salary divided by 12 x 7 to get the amount.] They are saying I need to pay back the 7/12 month bonus because there was a mistake with the contract.)
This is almost 2 months since I have completed my contract with that program and I have a new job now.
what did the contract say? My common sense says they cannot change the contract later on a unilateral basis.
A template I found says the way you got is right.
4.2 考核獎懲：甲方應至少每 2 個月對乙方進行一次書面考核，並於每年聘僱期間屆滿前完成所有考核，並依其考核結果給予下列獎懲，若乙方得有考核獎金，則甲方應於給付乙方最後 1 個月薪資時，併同給付。完成合約並符合考核標準即發予考核獎金。惟若聘僱期間未滿 11 個月，則下列各款考核獎金依乙方實際受聘僱月份佔 12 個月之比例計算：
4.2 Evaluation and Performance Incentives: Party A shall make a written evaluation of the performance of Party B at least once every two (2) months, and complete all evaluations by the end of the term of employment. Party A shall pay performance incentives to Party B on the basis of the evaluation rules as follows. If Party B is to be paid performance incentives, Party A shall pay them with the salary of the last month to Party B with the completion of the Contract. However, if the term of employment is less than eleven (11) months, the performance incentives for each of the
following items should be calculated in proportion to the exact number of months that Party B is employed out of twelve (12) months
Apparently it has changed now, they say the bonus is miscalculated and should be 6/12 months and not 7/12 months. So I need to pay them roughly 5000nt.
I suggest looking into the contract on how the bonus is being paid out. The contract shows pretty much how the bonus will be handed out depending on your performance. I am not familiar with the contract ending in July, but it should be similar to mine.
If they made a mistake pertaining to the contract, just copy and paste that particular part and point it out. It’s there to protect you as well.
They asked me to sign a contract before the program started and said there will be changes.
They changed so much that I did not even bother to sign it. They added “teachers agree to work at 2 schools or more” and some other stuff. The one they e-mailed me states this:
薪 資(新臺幣______________元)。惟若聘僱期間未滿一年，則該考核獎金依
乙方實際受僱月份佔12個月之比例計算。
2. 自2019年起，服務滿七個月，甲方給付乙方之考核獎金額度最高為乙方半個月
薪資(新臺幣______________元)。惟若聘僱期間未滿七個月，則該考核獎金依
乙方實際受僱月份佔7個月之比例計算) 。
Evaluation and Performance Incentives：Party A shall make a written evaluation of
the performance (see Appendix C) of Party B each month, and complete all
evaluations by the end of the term of employment date. If Party B’s Performance
Incentives is to be paid, Party A shall pay them after the completion of the Contract
to Party B. However, in year 2018, the term of the employment is less than 1 year,
the subsidy shall be calculated in proportion to the exact number of months out of
12 months. The maximum amount of Party B’s performance incentive is NT$ ,
which is the amount of Party B’s base monthly salary. And in year 2019, the term of
the employment is less than 7 months, the subsidy shall be calculated in proportion
to the exact number of months out of 7 months. The maximum amount of Party B’s
performance incentive is NT$ __________, which is the amount of Party B’s base
half month salary.
Clearly it is states the 2nd bonus in 2019 is based off of 7 months and not 6.
Did they screw me by constantly changing the contract (which they have changed AGAIN to make it based off of 6 months not 7) and not telling me to sign it?
Would they sue over 5,000 NTD? Probably not as the legal expenses would far outweigh that. And since you already have a new job they can’t directly affect your work-visa status or ARC anymore. I can’t advise YOU to ignore the letter, but that’s probably what I’d do. I wouldn’t answer any calls from them, and I think after a few weeks they’ll assume you’re out of the country and just move on.
Did they do everything else properly? (Overtime, holidays and what not…) You could draw up a list of what you think they owe you and tell them you’ll gladly deduct the contentious $5000 from it.
They did everything else by the book.
My school says it is fine, the host school for the program says it should be calculated on 6 months out of 12 and not 7 and that difference is 5000nt ± even though I worked 7 months and not 6. That is my problem, I think they are just trying push their luck with this one.
I am not sure how any of this works legally.
If push comes to shove, I will pay them on November 10th, two pay checks from now because that is in accordance with my strict budget.
Even if they made a mistake, it’s so petty to come after you 2 months after you parted ways for a measly (to the host school) 5,000 NTD. But I guess this is Taiwan, land of petty penny-pinching…
If you never signed, is not valid.
Next, they will give you a contract that says “the teacher agrees to work without payment for the duration of the contract” and ask you to return it all!
You are paid under the conditions of the contract you signed and agreed to.
If they ed up and gave you the wrong one, then that’s on them. But the new one is NOT the one you signed. Ignore them. And if they want a fight, then fight them!
ed up and gave you the wrong one, then that’s on them. But the new one is NOT the one you signed. Ignore them. And if they want a fight, then fight them!