Potential Contract Problems

Legal Legal - Work
#1

A er, friend of mine works for a school which is losing a lot of students. This friend of mine signed a contract that was supposed to guarantee her 24 hours of work a week (with the work hours written right on it) until the end of June with a salary that was (barely) enough to subsist on with a contract completion bonus at the end of it worth $30,000.

Because of the largely reduced number of students attending the school for the summer, however, the school has offered her an 8-hours a week position which comes right in the middle of most buxibans’ hours so she couldn’t pick up any work to supplement her income if she were to stay and the income due to the reduced hours would be enough to pay her rent but not be enough to cover her cost of living as well. Remember, she has a contract for 24 hours a week until the end of June.

The school has already offered her position to other teachers in the school who are already working full-time so they wouldn’t be affected by the reduced hours monetarily because she expressed concern over the hours not being enough for her.

What recourse does this friend have about her contract being reneged under these circumstances? Essentially, she is going to have to resign her position because of the lack of students, although it is not her fault as the school is undergoing a massive crunch in numbers. Will she be able to get the pay she should have received if they had honored her contract as written? Should they have to buy out her contract for not holding up their end of the bargain? Will she be able to recuperate her contract completion bonus since she would have completed it if it weren’t for them changing what they had promised on it?

What should I tell my friend who’s being kept up all night with anxiety attacks and stress?

#2

Imani,
Your, um, friend should be able to sue in small claims court to get this contract enforced, assuming that other pay is up to date (so as not to exceed the small claims limit of $100,000 [if memory serves–check this].) It is greatly helpful for your friend to remain in Taiwan while the case is being adjudicated, just in case he or she is thinking of leaving; else he or she would have to appoint an agent, and frequently agents get into court and say things like “Well, I really can’t add much,” and the like, which weakens one’s case.

As always in Taiwan, it is better to negotiate than to sue, so opening up a dialogue with the school might be fruitful, but personally I would not settle for less than I would have gotten through June plus bonus. Or if your friend is feeling magnanimous, perhaps accepting a cut of about NT$10,000 (to demonstrate good faith or whatever) plus an amenable arrangement about non-cancellation of ARC during a period of job search for your friend might serve.

Of course, your friend should save any and all receipts and communications related to this matter, and if negotiations break down, send a minimum of three (3) Post Office Evidentiary Letters via registered mail, keeping copies of those as well. It’s a great chance to get an NT$0.005 coin if nothing else. :smiley:

Tell, er, him or her, good luck with it. :smiley:

#3

Ironlady’s suggestion to negotiate with the school is a reasonable one. I…um…had a friend in the same position. My friend arranged to keep his ARC for a month after termination and got all the money deducted for income tax back.

#4

My friend and I thank you.

#5

Might want to make sure that that was the contract they sent to the MOE.

[quote=“ImaniOU”]
Should they have to buy out her contract for not holding up their end of the bargain? [/quote]

That won’t happen either.

[quote=“ImaniOU”]
Will she be able to recuperate her contract completion bonus since she would have completed it if it weren’t for them changing what they had promised on it?[/quote]

That might be an option. Are her bosses reasonable?

More importantly, do the bosses cheat on taxes? (more about this later :sunglasses: )

[quote=“ImaniOU”]
What should I tell my friend who’s being kept up all night with anxiety attacks and stress? [/quote]

Aim at getting the completion bonus and start looking for a new job.

#6

Why is the school losing students? Is it a school wide problem?

#7

:silenced:

(My friend knows, but she’s not telling.)

#8

Just to add to ironlady’s comments, I’d also contact the CLA as well. As they would have first say on the relationship between the employee and the buxiban and the employment contract, they can help your friend to navigate the system on how best to handle it.

Now Durins Bane’s comments about taxes is interesting because it’s possible to leverage this issue to your advantage. Fact of the matter, most schools are playing loose and crazy with the taxes. The government knows this but has no way of really enforcing it. When they’re given a chance, they’d be all over the school though. Getting to know the local tax office, if one can, is a good way to really stick it to the school if things really go south.

However, first touch base with CLA. Be prepared to play hardball. If ARC and stay considerations are an issue (often is), it might mitigate one’s leverage, as being physically in Taiwan is important to see this all through.

Good luck to your friend.

#9

Wanna stick it to a school? Go to the tax department.

That being said, for those of you who work for me and are reading this, I pay my taxes honestly. :wink:

This being Taiwan I would be careful about trying to stick anybody and would use this kind of tactic as a last option.

#10

If push comes to shove and there are visa issues, my friend has already worked out her escape plans (with pay and bonus in tow).

I’m a bit ignorant in this, but what is the CLA and how does one go about meeting with them?

#11

[quote=“ImaniOU”]If push comes to shove and there are visa issues, my friend has already worked out her escape plans (with pay and bonus in tow).

I’m a bit ignorant in this, but what is the CLA and how does one go about meeting with them?[/quote]

If your friend’s school doesn’t have enough hours for her then the school just doesn’t have enough hours. Can’t really blame them in the sense that someone is at “fault”.

I recommend that she try to get the completion bonus, some time to transfer the ARC, and a nice letter of recommendation and quietly look for a new gig.

#12

Are the school’s boss(es) reasonable? That’s the key.

How long has your friend worked there?

#13

Oh, five years or so…

#14

Then I would assume that the relationship with the boss is at least civil if she has worked there for that long.

I have a teacher who has worked for me for six years. A year or so ago he said he wanted a change and so with two months left on his contract, I paid his completion bonus and gave him all the time he needed to get his ARC transferred.

He went to another school, didn’t like it, and is now back working for me.

#15

I would say that the chance of the CLA and/or the Tax folks going after the school depend on the school’s guanxi…so don’t count on them “getting theirs” just through telling the tax folks they are not withholding correctly (or whatever tax games might be in process). It really depends. But I’m sure your, um, friend knows this having been in Taiwan for awhile. :slight_smile: