My kindergarten refuses to let me go home to America to visit my elderly grandparents. The problem is that I can only get a flight a certain week in July (basically the ticket expires before then and I lose that money) and that would mean missing the kindergarten graduation ceremony. They said that if I take the time off that it would be in breach of contract and I would lose half a month’s pay. I already have the ticket, and they know this, so they gave me a guilt trip and they’re making me work more hours unpaid. I’m quite sick of it and I really don’t want to work without getting paid. If they take a half month’s pay from me is it possible to get it back? Is this even legal? I am putting up with it because its a lot of money to lose and I don’t want to deal with a lot of paperwork and months of waiting to get my money. What recourse do I have?
I’d rather keep the name of this school unnamed because everything is pending.
[quote=“petrarch1603”]My kindergarten refuses to let me go home to America to visit my elderly grandparents. The problem is that I can only get a flight a certain week in July (basically the ticket expires before then and I lose that money) and that would mean missing the kindergarten graduation ceremony. They said that if I take the time off that it would be in breach of contract and I would lose half a month’s pay. I already have the ticket, and they know this, so they gave me a guilt trip and they’re making me work more hours unpaid. I’m quite sick of it and I really don’t want to work without getting paid. If they take a half month’s pay from me is it possible to get it back? Is this even legal? I am putting up with it because its a lot of money to lose and I don’t want to deal with a lot of paperwork and months of waiting to get my money. What recourse do I have?
I’d rather keep the name of this school unnamed because everything is pending.[/quote]
Why not just tell the school they’ve died? They HAVE to let you go then. Otherwise, I’m not quite sure what you’re on about. How is it the school’s problem that you can’t afford to travel overseas?
Edit: Actually, no. I think its only immediate kin, i.e. mother or father, that allows your to leave. Dead grandparents don’t count.
I’m not a specialist in this, but i have read in past threads that the labour board doesnt allow withholding of pay. Hopefully someone else can clarify this.
But you need to take note of what you signed in your contract. If you are just travelling because your ticket expires and your grandparents are not sick, and in addition you have signed a contract with the school to the effect that if you quit early you will be docked pay, you may not have much to stand on and should finish your contract as agreed.
If your grandparents are sick and you really need to leave, an idea is to wait until after your next payday, and do a runner. That way the amount you get shafted will be less, since they are essentially telling you in advance they will take away pay if you leave early.
But technically your problems are not the school’s problem, as the bottom line is they need to have someone to teach the kids. Why don’t you just arrange a sub, and see if they will agree to that?
[quote=“petrarch1603”]I never said my grandparents are sick.
Where did I say I can’t afford to travel overseas?
Edit: I have a sub arranged, but the problem is they want me, the actual teacher, to attend the graduation ceremony.[/quote]
So, money isn’t the problem. Grandparents’ health isn’t the problem. Why not just save yourself the headache and go after the graduation?
Tell them you’re going. Tell them they have two months to make arrangements to perform the graduation ceremony without you. Tell them you want their confirmation, now, that they will not deduct any pay for you taking the trip. Tell them if they refuse to give you such confirmation you are hereby giving your notice of resignation effective as of the date you leave on the trip. And, if they don’t call your bluff, you now have two months to look for a new job to commence after you return.
Your option would be to 1) try to contact the airline and reschedule the ticket, and maybe pay a fairly large fee for this, or 2) quit in June.
I can understand why they want you to be there for graduation, but you can bet that if your boss’ ticket was about to go wasted, he’d hire a sub and skip the day.
In the end, which costs most to lose, half a mont’s pay, or half an air ticket?
So they’re not letting you travel, PLUS, they’re now making you work UNPAID? Damn, boy, take Mother Theresa’s advice in that case! No holidays and working without pay? There’s a word for that.
[quote=“petrarch1603”]My kindergarten refuses to let me go home to America to visit my elderly grandparents. The problem is that I can only get a flight a certain week in July (basically the ticket expires before then and I lose that money) and that would mean missing the kindergarten graduation ceremony. They said that if I take the time off that it would be in breach of contract and I would lose half a month’s pay. I already have the ticket, and they know this, so they gave me a guilt trip and they’re making me work more hours unpaid. I’m quite sick of it and I really don’t want to work without getting paid. If they take a half month’s pay from me is it possible to get it back? Is this even legal? I am putting up with it because its a lot of money to lose and I don’t want to deal with a lot of paperwork and months of waiting to get my money. What recourse do I have?
I’d rather keep the name of this school unnamed because everything is pending.[/quote]It illegal for an employer to withhold any monies as a punitive measure. If they withhold any of your pay, you will be able to go to arbitration with a representative of the CLA and stop them from doing this and/or recoup any monies illegally deducted.
However, you said that you work at a “kindergarten”. Per the Ministry of Education, it is illegal for you to be employed at a kindergarten. So, reporting them for illegally withholding your pay would be reporting yourself for working illegally. In essence you would be saying something like, “Officer, officer, I need to report a theft! That man just stole my stash of cocaine!”
I recommend that you follow Mother Theresa’s course of action and perhaps merely threaten reporting them to the CLA in order to force their hand.
For me family is more important than any job. My grandmother was on her deathbed back in January and I just told my school, I’m going back home to make my peace. Luckily I found a sub but even if I hadn’t, they were very supportive about it. If they had said I’d lose my job over leaving, so be it. Making my peace with my grandmother was worth more than all the money in the world.
Now, if you’re grandparents are not on their deathbeds, well you have a decision to make. Do you want to lose the money spent on a ticket because you have to stay for graduation and ensure you have that kindy job come next year, or do you want to save the money you spent on the ticket and risk losing the kindy job you have. It’s really about priorities.
If you are gonna leave I’d say don’t tell them. Get your May paycheck next month and just do a no call no show the next day. You’ll probably lose a few days pay for the month of June but whatever. Does this kindy provide your ARC? If they don’t just do what I said here. It’s not like they’re gonna get you blacklisted, working kindy is illegal so they’ll get in trouble for reporting you work there. Good luck!
As what NorthCoast Surfer posted. They’ve pretty much got you, I would think, unless you are good at intimidation. Try negotiating at least, for some added benefit for them in the next semester. Or not. You could just quit.
Kindies use the breach of contract excuse and cash withholding to pretty much ensure that no-one skips out early. Never mind the fact that many of them will break it themselves in an instant, if they see it as in their interest. Sounds like they’re being a bit over the top, though, if all you want is one week off.
Some bosses are better then others of course and some jobs dont absolutely require your presence as much. One time I was working in Taiwan (non teaching) and I took my two weeks of vacation plus another 2 weeks off with no pay for a USA visit of a month total. Everything was arranged months in advance though and all that.
Definitely take NCS and Mother Theresa’s advice and threaten. Try innocently first, and if that doesn’t work whip out the CLA card for sure. It’s going to be more hassle for them to have to replace you and explain to the parents why you left a couple of months before the graduation/end of semester…and no school wants to deal with the CLA so mentioning that should be very effective.
I’ve taken a month or two off every other year… at first I had to start it with “If this is inconvenient for you I can resign before (month of trip) and find a job at another school when I get back…” I never said it in a threatening way but just made sure to make it clear (usually months in advance) that I was going to take the time off whatever it took. I always gave them lots of notice and like you would line up a sub who I prepared. Now I’ve been at the same school 4 years and have become more of an asset so they’re more flexible with me because they want to keep me around.
I know the job market isn’t what it used to be and it sucks to look for a new job but there are lots of other jobs out there. You could even fib and say you have a school interested in hiring you for summer camp that will potentially for next semester. Most schools play hardball at first but will quickly put their tail between their legs when they realize you have half a brain.
May or may not be true, but even if it were true, why would an employee be entitled to the same vacation rights as the boss?
Go to the graduation and take the holiday after if you want to continue working there. Trying to pull a heavy will not work, you are expendable in their opinion and you’re illegal, no leverage at all. If you are new there(less than a year) than you have no right to be demanding anything. If you’ve been there a while,you’re not appreciated and should seek new employment.
Don’t do a runner. A girl I know just did that and I had her boss, immigration etc call me.(she lived with me for a bit, so they had my number that was on the rental contract she used to get an ARC) If your school is angry with you you can get in trouble and it will be hard to get another job. How about going in June, make it earlier so that you can still attend graduation?
The school is not being unreasonable. Kindergarten graduations are extremely important in Taiwan. Too important imo, but there it is, and you did agree to do the job. It is generally considered critical that the class’s regular teacher be present for the ceremony. I don’t know the circumstances of why you already have a ticket, but that certainly doesn’t put you in a good light with regard to the school. In fact, I’d say they’re coming down hard because they feel insulted. I sure would be in their shoes. If your grandparents had died that would be another story, but if an employee of mine wanted to take a vacation when they were most needed I’d be pissed. I don’t understand why you are reluctant to reschedule. You can either lose your trip, lose your job or lose the price of the ticket. The ticket seems to be the smallest loss here. If it is absolutely critical to travel at that time, then its best to time your resignation to minimize potential lost wages and find another job when you return. You don’t have much if any leverage as a kindy teacher so I’d avoid making threats.
Also, if you do a runner, it then just creates a much more difficult working environment for whichever teacher takes over your job. The school will be forever suspicious of future foreign teachers.
[quote=“cfimages”]
Also, if you do a runner, it then just creates a much more difficult working environment for whichever teacher takes over your job. The school will be forever suspicious of future foreign teachers.[/quote]
Sounds like they already are.
[quote=“whitetiger”][quote]
I can understand why they want you to be there for graduation, but you can bet that if your boss’ ticket was about to go wasted, he’d hire a sub and skip the day.
[/quote]
May or may not be true, but even if it were true, why would an employee be entitled to the same vacation rights as the boss?[/quote]
It wasn’t really “vacation rights” I had in mind. Just reasonable consideration.
The school is not being unreasonable. Kindergarten graduations are extremely important in Taiwan. Too important imo, but there it is, and you did agree to do the job. It is generally considered critical that the class’s regular teacher be present for the ceremony. I don’t know the circumstances of why you already have a ticket, but that certainly doesn’t put you in a good light with regard to the school. In fact, I’d say they’re coming down hard because they feel insulted. I sure would be in their shoes. If your grandparents had died that would be another story, but if an employee of mine wanted to take a vacation when they were most needed I’d be pissed. I don’t understand why you are reluctant to reschedule. You can either lose your trip, lose your job or lose the price of the ticket. The ticket seems to be the smallest loss here. If it is absolutely critical to travel at that time, then its best to time your resignation to minimize potential lost wages and find another job when you return. You don’t have much if any leverage as a kindy teacher so I’d avoid making threats.[/quote]
Well said.
There aren’t many jobs, even, you know, “real” ones, where employees have the luxury of taking vaccie time, even if they’ve got days coming, at any time they wish.
10-year veterans at the big schools still can’t take (unpaid, no less) time off during peak times, such as, for example, summer months when classes fill up with JHS and HS kids.
Here at theworldslargesttechnologycompany.com, although I’m allowed a certain number of paid vacation days, I most certainly am required to clear the timing with my uberbosses before I can use them.
Sounds like a regular job to me.