Pensions for permanent residents

Did anyone find out anything about private schools? I read the whole thread but didn’t see a definitive Answer. I have read most of the threads on pensions.
I’m married to an ROC citizen and I also have my APRC and work at a private school.

From what I’ve learned, there is separate legislation called the Private schools act which makes teachers not covered by the labour legislation.
http://edu.law.moe.gov.tw/EngLawContent.aspx?Type=E&id=77
My school’s HR and their lawyers informed me that they didn’t need to pay it. Apparently only teachers who are have a teaching certificate from the ROC qualify, or if you have any management duties.

I called the ministry of labour and they indeed told me that I was not covered. Apparently the pension issue is dealt with at a municipal level. To legally inquire, I was told that I would have to go to the local city hall and file a report. They told me my school would be informed and my name would be revealed to them…

I’ve heard similar things from a few others…
But the ROC teachers get the pension at my school which makes me confused. I thought an APRC makes me just like them for labor matters.

In conclusion, I’ve been told many times that I make a lot of money so I should just invest my own money.
I’ve also been told that unless I retire here I won’t get it so its basically throwing away the school’s money.
Any info would be helpful

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“I’ve been told many times that I make a lot of money so I should just invest my own money.”

This is such a bullshit Taiwanese response. It falls under the “meiguanxi” and “chabuduo” category of “we don’t give a fuck”.

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Article 39 of
Act Governing the Retirement, Bereavement Compensation, Discharge with Severance Pay Benefits for the Teaching and Other Staff of School Legal Persons and their Respective Private School(s)
says as follows:

Article 39
The provisions of this Act apply, mutatis mutandis, to the handling of the retirement, severance, resignation, and bereavement compensation payments of full-time, qualified, paid personnel in the categories listed below employed within the establishment staffing of a private school:
1,2,3 univ. or college
4.Foreign nationals holding a full-time post within the establishment staffing of a registered private school at any level as a qualified, paid teacher or in a capacity listed in any of the preceding three subparagraphs.

Related article in Mandarin

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Is the employer required to pay 6% of this? Or can they pass it on to the employee and deduct it from his salary?

https://www.bli.gov.tw/en/0014585.html

Whether it is against the law if the employer deducts the 6% contribution of labor pension from my wages? And what should I do to protect my rights?

It is against the Labor Pension Act

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I don’t know the answer to this question, but this being Taiwan, it’s not unreasonable to encounter bosses who are legally required to pay certain fees who then try and get their employees to pay for them instead.

One example is my boss who tells his new foreign employees that he is not required to offer health insurance. But, if they want, he’ll get it for them and they need to pay the “entire” amount. In other words, he wants them to pay his portion of the fee.

I got around it by politely offering to go the the NIH myself for the health insurance. They manager panicked and told me not to go. Within a week I had my card and he was paying his portion.

Slime bags.

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As discussed earlier:

Hi, can someone please help me out out, this thread is quite confusing.

I’m married to a Taiwanese national, and have lived in Taiwan on a JFRV ARC since 2012. From 2012 to 2016, I taught English at a cram school. From 2016 until now I have worked in a white collar non-teaching office job.
At no point from 2012 until now did either of my employers mention pension contributions, switching systems, or asked me if I want to voluntarily contribute 6% of wages to a pension. Nothing about pension has ever appeared on any wage slips.

Questions:

  1. While teaching English in a cram school (2012-2016), was my employer legally obliged to enroll me in
    a pension scheme and contribute to it monthly?
  2. While working in my current office job (2016-now), was my employer legally obliged to enroll me in a pension scheme and contribute to it monthly?
  3. If the answer is yes to either of the above and my employers didn’t enroll me, what can I do about it?

Many many thanks in advance.

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You will find most of info you need to know here.

https://www.bli.gov.tw/en/0010363.html

You may be subject of the labor pension since Jan. 17, 2014.

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u/Darkesontr

Go to the labor office & they can search what payments have been made on your behalf.

You’ll need your APRC for recent payments. and old passport numbers for payments made during your ARC days.

If your employer didn’t pay over the years unfortunately there’s nothing u can do about it.

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Wow why don’t you report him…Highly illegal. It would be very rare to treat full time Taiwanese staff Iike this as they would report him immediately.

I recently found out that this problem of not paying pension or NHI is also frequent in Japan, with the added calamity that if caught, the authorities enforce payment for two years only. That means that if you have been working 4, 10 or even 16 years and did not notice the lack of payment, the employer can still get away Scot free without paying the full fare, and you will be royally *$&?@!

So at least in Taiwan we have the chance to make them pay full fare…And there is always the Tax Office as our own personal John Wick.

Of course it’s illegal. But, remember that as foreigners we are outsiders, not one of them so therefor it doesn’t really matter. Also, they figure that most foreigners will leave after a few years so what’s the point of making those payments? The problem with reporting them is that it will probably end up costing your job. I worked out a deal by playing stupid. I said I’d get my own insurance and then they panicked and got it for me. Other teachers don’t seem to care as much.

In Taiwan they can go back 5 year. If they find any monkeying around then the fine can be several times the owed amount. However, they will only initiate an investigation if the person who is being screwed requests it.

In my case, my full income is being reported to the tax office. However, the NHI and Labor, only the minimum is being reported to reduce his (my boss’s contribution). I actually when to all the offices and asked them to check for me. NHI and Labor were quite shocked when I pointed out that he wasn’t declaring the correct amount. But, nothing will happen unless I request it. If I do, then I can probably kiss my job goodbye. It pays pretty well and it super easy so I’m reluctant to do something now.

My only confusion is still with the whole pension thing. As an APRC holder for over 4 years, how do I know if I’m in or not? I asked at the Labor department and they were clueless. The whole thing is a black hole. In the US it’s pretty simple and straightforward. Here…?

I don’t agree with this and that is why this situation is being allowed to develop, too passive. The MOL would sort this out very quickly. Very rare to see in a full time office job here, foreigner or not. Your boss is a cowboy and yes I agree the English education ‘industry’ is full of them.

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If you are subject to, of?, LSA, it may be mandatory.
How to check if it is paid is here.

It’s changing for the better but will take generations to undo. It is how many Taiwanese and Chinese business owners do things though. Even in full time office jobs. Look at the low pay and over time requirements. It’s terrible what people put up with here.

It’s my understanding that you can contribute up to an additional 6% that is not taxed. Can someone confirm that this is accurate?

Yes, I was just looking at the details for this at my company the other day. Up to 6% tax free in addition to the company contribution of 6%. For my company, I need to inform HR with a form and then they make the arrangements with payroll.

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That’s great. Thanks!

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