Payment problems (how to prorate salary for less than a month)

I get paid on Salary (NEVER do that…thought it was bad doing that in the US). I went home for almost a month. When I came back, I worked a few days in February.

I got my pay and was shocked. What they did was take my salary and divide it by 30 days. Then pay me for the 2 days I worked based off that. But, even in a month with 31 days, I do not work 30 days. Shouldn’t they divide it by the number of days we work?

Anyone have any insight into this? I meet with the owner of the school tomorrow about other stuff and would like to know what is actually the real way it should be done in this country. Would rather try to work this out nicely than have it get ugly.

:help:

Matt

This happened to me too in Korea. i worked 15 days one month (the month I stopped working there), so when I got my pay they gave me half a month’s salary. We normally worked 20 or 21 days a month, so that didn’t go ever too well.
Your boss is just trying this to see if it works. Fight it. You may have to argue a long time, but you are in the right.

Legally, they can do that. Did it to me. My lawyer said that’s how it’s done.

Completely ridiculous, though.

So far as I know this isn’t standard.

My last job was salaried, and when there was time off, sick days etc it was calculated as (days worked / working days that month). My girl confirms that this is how her current job and all previous jobs do it.

So yeah, don’t fall for it. It may be a simple error - it’s not all that shocking that HR people or laobans would screw up incredbly obvious arithmetic, really.

As a side note to this…I’m getting paid. I mentioned I was going to talk to the owner of the school about it. She is often out of the country and has not been around for a while. She was back in town and I talked to her about it. Right as I mentioned how they figured out my pay, she said, “That’s not how they should have done it.”

Like I said, I wanted it to end in good nature. And it did. Phew.
:sunglasses:
Matt

Thi$ ended up being nicer than I thought.

I originally was asking them to give me the full pay for my 2 days I worked. Not that it would have made a HUGE difference, but it was more the principle of the thing. Through the whole ordeal, it dawned on my that they didn’t pay me full pay for January - since that’s when I left (I left towards the end of January and was gone most of February).

So today, I got nearly 1/2 of my monthly pay. What was supposed to be about $3000 ended up being a lot more.

Yay!
Matt

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My ex-husband’s companies (not schools) in Taiwan always paid in this way (total days in the month, not working days, as the basis) and believe me, they calculated every month as February if you missed work to deduct pay. :smiley: He was constantly livid when reviewing his pay stubs.

I know this is from years ago, but it just happened to me again this month. I technically took 8 days off and got docked for taking 18 with the way it worked. Didn’t even give me my vacation pay for the 2 days last month.

They know I am not happy. And don’t care right now if they complain about my performance.

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Wow, 15 years. That was probably the most appropriate gravedig ever :rofl: And by the original poster, even.

I really hope you can figure this out and again get more than you expect ^^

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Happened to me too, so if you are going to take unpaid leave best take two to three weeks lol.

Wish I could have planned this one. Dad’s funeral. Only spent a week home. Rest of the time was spent in traveling and quarantine and self health management.

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As a side note: this is a different school. Every school between now and then paid normally.

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My company also divides by 30.

Sorry for your loss.

Iirc they’re really supposed to use 30.42 or whatever as the average number of days per month. Of course if you’re “not there” on days you’re not supposed to work anyway, they can’t count those as missed. I would talk to the labor department (and also mention the missing vacation pay).

Did they grant the required amount of bereavement leave (assuming your job is subject to the LSA), and have they correctly reported your salary to the BLI (assuming your job is subject to labor insurance or supposed to be)?

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They also like to screw you in this way by making you start at weird dates in the month so you do not work the full first month and the calculation works out in their favor. Such as job start day on a Tuesday.

So. This did get sorted out. Pay day was on the 10th and I didn’t get anything close to what I expected. They immediately realized I didn’t get paid the 8 days leave for the death of a parent and came back with that money the next day.

But they divided the days by 30 and only paid me for the days I started back at work until the end of the month. By Friday, it looked like they realized their mistake. I was ready to head into the weekend paying off my bills. No such luck. Before I go on, realize I know this was an innocent mistake. I would not say that if it happened at a million other schools I worked at, but this seemed to be an honest mistake. The person doing payroll is a teacher, not accountant. Want to write this so others know what to do.

So before I talked to them again I did my homework. Knew someone that works on payroll at a bigger company. I asked about it. She told me there are two ways to do salary: one is divide it by the number of days in the month and the other by the paid working days.

Since my school figures in 30 days to my pay, they also owe me for all the weekend days. (There were also 2 national holidays they did not pay me for). Note what I am about to say is not for part time workers or salary workers necessarily (maybe your circumstances are different. I don’t have experience on this). I am thinking full time employees.

So to make it easier, let’s say you make 30,000 a month (I make more. Just so you can see the math). You missed the whole month and came back to work on the 26th (just to mirror my situation). To anyone looking at this in the future, open your phone’s/computer’s calendar to April, 2022.

It is 30,000 / 30 days = 1000 pay per day.
They have to pay you for:
Weekends: 2, 3, 9, 10, 16, 17, 23, 24, 30
National holidays: 4, 5
The days actually worked: 26, 27, 28, 29

So they owe you for 15 days of work. (I got paid for 5 on my original pay). At 1000 per day, your pay should be 15,000 for that month if you worked from the 26-29.

In my case, I also got paid an extra 8 days because of my father’s funeral. So if there is a special case like a wedding, birth of a child, or funeral, look up what they owe you. These are all somewhere in the labor standards act.

So what do you do if you did not get paid properly?

In my case, panic. Haha. But that is because I just came back from a trip I already could not afford, spent a ton of money on hotels and Uber eats (the food at my hotel was way sub-par) and had a drained bank account. But once you are ready to calm down a bit and get on it:

  1. Know how they figured out your pay. The more you understand how they did it, the more you can figure out how to recalculate the numbers. The key is whether they divide your pay by working days+public holidays or divide it by the number of days in a month (note: some might always divide by a fixed amount like 30 or 30.4 or something else. That small amount is not worth fighting over).

  2. Run the numbers yourself. If they divide by days per month, make sure to include weekends and public holidays. If you are on salary, you get those, too. (Note: you won’t get weekends included if it is divided up by working days + holidays).

  3. Be careful how you word things when you write to your boss. Stick to facts and not emotion. I slipped up early and let emotion take over in this one in my initial reactions, but smoothed that over. But when I had the numbers, I stuck to the facts.

A few facts for you:
—if you divide it up right according to how they do the salary, it will be hard to mess up. So you probably have the right number.

—I don’t remember the exact amount, but the fine for not paying the salary in a timely manner is somewhere between roughly 20,000-100,000. (Will use this later).

—You can always seek arbitration for this. And the labor bureau, from experience of most, side with the employee who really has his stuff in order.

So I sent a LINE message to the owner of the school and the person doing payroll. And here is the key: you want this pay situation handled as quickly as possible. They don’t want the hassle of arbitration and a possible fine if they are wrong. And you can provide them a way to check this themselves.

So I basically wrote a message saying it has been a week since I got paid and there is still an issue. Since you said we divided my pay by 30 days for April, here are the days I think I am owed for and what my pay should be. (I did that all with just the math).

I then said all the stuff about how stressful it is and I still want to stay focused on my job, but it is hard with this not resolved. (I wanted them to know it is impacting my work, which is really was, but I am still working my best).

This is the kicker: I also mentioned I don’t want the labor bureau involved. I did some checking of the way to divide this pay, but my Chinese is limited. If they want to call and check, they can call 1955 and talk to a consultant.

Keep the tone as “this is nothing personal. Just according to Taiwan law, this is how much I budgeted on. And if I am owed it, I need it.”

I did point out that the fine for not paying is somewhere between 20,000 and 100,000. And I am asking for the lower end. Not as a threat. Do not make it sound like you are threatening them (and no not threaten them). Just to let them know that if there is a disagreement you will reach out to the labor bureau and seek mediation.

In my case, they called the labor department themselves this evening. I get the rest of my pay tomorrow.

For your message:
—be direct.
—be correct. (Did not intend to rhyme that. This won’t be a Dr. Seuss poem)
—lay out the math.
—ask them to call and verify. 1955 has consultation services, but mostly in Chinese).
—remind them that you don’t want to involve the labor department. This says you will if you have to.
—hope they come through.

I will say this again: I think this was an honest mistake on the part of my school. They are not the type of people to rip off anyone. And they handled it perfectly, if slower than I hoped. :slight_smile:

Now I am ready to head to work tomorrow so I can focus on the classroom and kids. Unless I spend all night watching Amber Heard get destroyed again.

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Thanks for sharing. :+1:

A few things:

It’s mediation, not arbitration. (The difference is both sides choose whether or not to accept the settlement.)

The fine is legit, but only if the labor department conducts a labor inspection – a separate process from mediation.

Do your students really deserve a teacher who’s distracted by mental images of… stuff? :see_no_evil:

Two points: good correction on mediation vs. arbitration. Thank you for that.

Secondly, I hope we are all enjoying the legal beat down of Amber Heard.

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I’ve been trying my best to ignore that whole thing, so no comment on her/them. The :heart: is for the thank you. :slightly_smiling_face:

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