School laid off a foreign teacher

Taiwan Discrimination in Taiwan
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21

Dont bad mouth them right now.

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22

This is a big help, Iā€™ll show it to him. No.4 is likely the reason except that they are changing the nature of business. They just told him that they cannot continue his contract. Then later found out that they are hiring full time teachers and only a 1hr class thatā€™s left to him so they think he wouldnā€™t take it that is why they are not continuing his contract. Without asking his opinion.

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23

If they are using Article 11, No 4 as the reason, then see Article 16 and 17 - he qualifies for severance and advance notice. Perhaps record some statements of them saying so and you can corner them into admitting this if they are not aware of the laws.

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Article 16

Where an employer terminates a labor contract pursuant to Article 11 or the provisions of Article 13, the provisions set forth below shall govern the minimum period of advance notice:

  1. Where a worker has worked continuously for more than three months but less than one year, the notice shall be given ten days in advance.
  2. Where a worker has worked continuously for more than one year but less than three years, the notice shall be given twenty days in advance.
  3. Where a worker has worked continuously for more than three years, the notice shall be given thirty days in advance.
    After receiving the advance notice referred to in the proceeding paragraph, a worker may, during hours of work, ask for leave of absence for the purpose of finding a new job. Such leave of absence may not exceed two work days per week. Wages shall be paid during such leave of absence.
    Where an employer terminates the contract without serving an advance notice within the time limit prescribed in the first paragraph of this article, he/she shall pay the worker wages for the advance notice period.

Article 17

An employer terminating a labor contract pursuant to the preceding Article shall issue severance pay to the worker in accordance with the terms set forth below.

  1. If the worker continues to work for a business entity owned by the same employer, severance pay that is equal to one monthā€™s average wage for each year of service;
  2. The severance pay for the months remaining after calculation in accordance with the preceding subparagraph, or for workers who have been employed for less than one year shall be calculated proportionally; any period of employment less than a month shall be calculated as one month.
    Employers shall issue the severance pay of the preceding Paragraph within 30 days after the labor contract is terminated.
    "

Article 18:
If worker terminates contract due to Article 12 (misconduct or misrepresentation) or 15 (voluntarily resigned), he is not eligible for advanced notice or severance.

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24

We will call the labour to make an appointment. We already have our evidence ready just in case they need it.This is a big help for us.Thank you so much.:heart:

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25

Yeah, youā€™re right.:grimacing:

26

They told him, that the school doesnā€™t have new kids so they only have 1hr for him which they know he wouldnā€™t take. So they decided not to continue his contract without asking his opinion.

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27

As I recall from the labor law there should also be a notice period of 30 days if worked there over 3 years. So additionally ending the contract by the end of the month may also be up for debate if that is correctā€¦ even if they want him to give the notice.

Edited: thanks @jimbob132 for providing the above articles

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28

Yes thatā€™s article 16 No. 3. You are also allowed to take 2 paid days off per week.

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Article 16

ā€¦

  1. Where a worker has worked continuously for more than three years, the notice shall be given thirty days in advance.
    After receiving the advance notice referred to in the proceeding paragraph, a worker may, during hours of work, ask for leave of absence for the purpose of finding a new job. Such leave of absence may not exceed two work days per week. Wages shall be paid during such leave of absence.
    Where an employer terminates the contract without serving an advance notice within the time limit prescribed in the first paragraph of this article, he/she shall pay the worker wages for the advance notice period.
    "
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29

So they might argue that he quit. I know that is ridiculous, but they might do that.

Does he have guaranteed hours in his contract?

30

I remember they told him 2 months in advance so I guess that is fine.

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31

Thatā€™s what they are doing now. Insisting that he quit. He even had a meeting with his supervisors and HR telling him that he doesnā€™t want to take it. Then he responded, because theyā€™re laying him off that is why he canā€™t take it. He stands firm and cautious with his words.

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32

OPā€™s husband is a part time contract employee. So his contract is not being renewed. He is still due severance pay that is all that needs to be resolved.

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33

Doubt it. Iā€™m 63 and get offered teaching jobs. The only thing is I am not a teacher lol

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34

Yeah but that in itself is not illegal for a part time worker on an hourly contract. He should simply not say or sign anything for now. Just go straight to arbitration.

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35

Iā€™m not sure if he is classed as contractor since he was receiving labor insurance

36

Part time workers can have labour insurance. Schools hire people on hours not salary but employees still entitled to labour insurance.

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Yeah weā€™re debating whether heā€™s a contractor or employee for benefit purposes

I think he is an employee. I am not a labor lawyer though.

https://resourcehub.bakermckenzie.com/pl-pl/resources/contingent-worker-misclassification-risk-comparison/asia-pacific/taiwan/topics/contingent-worker-misclassification-risk-map

ā€œThe rule for determining whether a worker is an employee or contingent worker is whether the worker is ā€œsubordinatedā€ to the company. If yes, the worker is an employee; if no, the worker is a contingent worker.ā€

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38

Out of curiosity how ya that subordinate status defined?

Iā€™m a bit curious now because I just signed a contract at a private school for part time hours but they said thereā€™s no labor contribution or healthcare. Now Iā€™m curious if that means Iā€™m considered as a contractor? They also let me keep my other part time job with no issues so now Iā€™m curious. Havenā€™t even started the job yet but this post made me a bit curious.

So based on this, it seems like job security is actually quite good in Taiwan.

39

NHI is a legal requirement. Labour insurance as well I believe.

40

Okay I got it. Iā€™ll tell him your advises. Letā€™s see what will happen when we go at the labour dept. Hope everything goes well. I remember, we went to a labor office(I donā€™t remember the place) they asked us to call another number. We did call them but no answer. So we will try our luck in Banqiao.