Hi Guys, I would like to ask some advice since I cannot find a thread same as my concern. alright so this is the story.
My husband is working as a part time foreign teacher for more than 5 years now. About last month, his superior sent him a message, saying that they’re not going to continue his contract and will work until the end of the month.
My husband is fine with it, but he asked if they’re going to give him a severance pay since they’re the one who laid him off but unfortunately the school say no. And started to change the story.
Instead of them laying him off, they want him to sign a separation letter indicating that he’s the one who want to resign.
It’s just saddened me to see him mistreated by the school he’s been working for so long. And about last time, they delayed his salary which is very unprofessional.
To make the story short, we went to the labor to ask for advice even seek the public attorney that we found in one forum here. And they said, that he is entitled to receive his severance pay. Just go to the labor in Banqiao.
He is still working until his last day in that school.but barely manage to hold on. Just now, he told me that they told him not to go to the graduation ceremony as they have enough teachers already.
Is there any advice or help that you can share regarding the same matter or have you also experience this kind of situation.?
He didn’t sign any letter specially if it’s in Chinese. It’s just unbelievable that they keep insisting that he’s the one who doesn’t want to continue to work, after he mentioned the severance pay.
He should record a conversation with them. He should clearly state he is not resigning and they have decided not to renew his contract. Or get it in writing.
Yeah, we’re planning to go to the labor dept. Do you think it’s better to go when he still employed or after the said date which is the end of this month?
I had their phone conversation recorded. We also have screenshots and recorded conversations about their meeting last time. Thank you so much for the advise. This helps a lot.
Is he getting older as there is a lot of anti ageism in the teaching industry ? Just curious. That’s just another nasty ass cram school , it’s about time they got rid of these anti freedom of speech laws allowing people to sue for public degamation even if true. Decades and decades of these incidents in Taiwan by hundreds of teachers.
There was even an incident last week of the grown up teacher son of a Hsing Yi area cram school where he was found guilty of trying to force 5 year olds to perform sex acts. The newspapers couldn’t even publish the school name even he recorded it all on his phone.
I think you may want to consult some lawyer experienced with labor laws if you feel it’s worth pursuing, and their severance is not satisfactory
I run a small company and I know that Taiwan companies are not allowed to randomly terminate an employee unless it’s for misconduct reasons, performance, or company financial hardship etc. Taiwan is not an at-will employment jurisdiction.
This is why most companies get the employee to say they voluntarily resigned, so they cannot cause problems later on. In response you can negotiate for a large severance, which is what I had to pay some of my employees who were let go since I cannot prove my company went through economic hardship and revenue went down, and I don’t want to be dragged into litigation about it.
No employer shall, even by advance notice to a worker, terminate a labor contract unless one of the following situation arises:
Where the employers’ businesses are suspended, or has been transferred.
Where the employers’ businesses suffers an operating losses, or business contractions.
Where force majeure necessitates the suspension of business for more than one month.
Where the change of the nature of business necessitates the reduction of workforce and the terminated employees can not be reassigned to other suitable positions.
A particular worker is clearly not able to perform satisfactorily the duties required of the position held.
Article 12
In any of the following situations, an employer may terminate a labor contract without advance notice:
Where a worker misrepresents any fact at the time of signing of a labor contract in a manner which might mislead his/ her employer and thus caused him/her to sustain damage therefrom.
Where a worker commits a violent act against or grossly insults the employer, his /her family member or agent of the employer, or a fellow worker.
Where a worker has been sentenced to temporary imprisonment in a final and conclusive judgment, and is not granted a suspended sentence or permitted to commute the sentence to payment of a fine.
Where a worker is in serious breach of the labor contract or in serious violation of work rules.
Where a worker deliberately damages or abuses any machinery, tool, raw materials, product or other property of the employer or deliberately discloses any technical or confidential information of the employer thereby causing damage to the employer.
Where a worker is, without good cause, absent from work for three consecutive days, or for a total six days in any month.
Where an employer desires to terminate a labor contract pursuant to Subparagraphs 1 and 2, Subparagraphs 4 to 6 of the preceding paragraph, he/she shall do so within thirty days from the date he/she becomes aware of the particular situation.
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They may say that your husband violated one of the above, but you can begin collecting proof showing otherwise.
He’s almost 40years old and the oldest foreign teacher. But I don’t know if that’s one of the reasons. If so, then that’s ridiculous .
He found out later that they hired inexperienced foreign teacher. He should warn them😔
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