Understanding Labor and Teaching Contracts in Private Schools (Primary and Secondary)
I’ve been researching labor laws and contract structures for private schools in Taiwan, focusing on the differences between teaching-only contracts and labor contracts. My goal is to understand my rights and share insights with others. Please feel free to correct or clarify anything—I’m not a lawyer, just trying to figure this out.
1. Types of Contracts
There are two primary types of contracts for private school employees:
• Labor Contracts: Typically apply to roles involving both teaching and administrative duties. These contracts are governed by the Labor Standards Act (LSA) and include fixed working hours (e.g., 9-5).
• Teaching-Only Contracts: Focus on teaching periods rather than fixed working hours. These contracts are more flexible but come with distinct rules and limitations.
2. Key Differences
Labor Contracts:
• Include fixed working hours and require a 30-minute unpaid break every 4 hours.
• Overtime rules apply (e.g., compensation for hours over 8 per day or 40 per week).
• Penalties for tardiness must be legal and clearly defined—no arbitrary deductions.
• Leave is calculated hourly. For example, one hour of personal leave results in one hour of salary deduction.
Teaching-Only Contracts:
• Teachers are only required to be on campus during their teaching periods unless additional duties are explicitly stated in the contract. Vague terms like “9-5 for lesson planning” aren’t sufficient.
• Leave is tied to teaching periods. Missing a day with no classes doesn’t impact salary, but missing teaching periods results in deductions for those specific periods.
• Winter and summer breaks are considered pre-planned closures and part of the annual salary package, not leave.
• There’s no requirement for overtime pay unless explicitly stated. Teachers benefit from schedule flexibility, unlike labor contracts.
3. Legal Standards
Regardless of contract type:
• Contracts must meet or exceed the minimums mandated by the LSA. For example, leave entitlements (30 days sick leave, 14 days personal leave, etc.) must comply with LSA standards.
• Workplace rules must be approved by the Ministry of Labor (for employers with over 30 staff). Unapproved or unlawful conditions are void.
• No contract clause can require illegal or unpaid labor.
4. Mixed Contracts: Are They Legal?
A key issue is whether contracts can mix teaching-only and labor elements. For example:
• A contract mandates 30 teaching periods per week but also requires being on campus from 9-6 daily with no breaks, unpaid weekend work, and deductions for missed hours unrelated to teaching periods.
This blurs the line between teaching-only and labor contracts. Employers seem to exploit benefits from both while ignoring employee protections from either.
• If the contract is labeled “teaching-only,” it should provide schedule flexibility and deduct leave based on teaching periods only.
• If the contract is actually a labor contract, overtime pay, exact time tracking, and proper breaks should apply.
Questions for the Community
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Have you encountered contracts blending teaching and labor requirements? How were they handled?
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If a contract includes fixed working hours but is labeled “teaching-only,” does it default to labor law protections?
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How can employees clarify their rights under ambiguous contracts?