The Case for the Foreign Teachers Labor Union

I have thought about this occasionally for many years, and have decided it’s time to see if there’s any real interest. If so, I’m willing to dedicate my time to this, and to go full time on a typical cram school teacher’s salary if needed (paid by your union dues, if you’ll support me). I would appreciate getting some (serious) feedback, questions, concerns, criticism, etc., so please leave a comment below or send me a private message. Here’s the relevant laws you can refer to, but I will explain the important parts and general idea below.

Labor Union Act
Enforcement Rules of the Labor Union Act
Regulations for Attendance by Proxies of Labor Union Meetings

— The Case for the Foreign Teachers Labor Union (外籍人士補習教師工會) —

First of all, do we even have a right to organize?

Absolutely, yes. Article 4 states clearly that “All workers shall have the right to organize and join labor unions,” and this is true across the board with only one exception (defense/military personnel). ESPAS (the Employment Service Professional Association) has an article (Chinese) explaining that foreigners, as well as workers hired for a specified duration on a contractual basis, all have the right to join a union.

Why do we need a labor union?

The benefits for starting a labor union are numerous. The general purpose of labor unions is to allow workers to bargain collectively with employers. When you’re on your own bargaining with an employer, most of the bargaining chips are on the other side of the table. The employer can simply say: sign this contract, do this the way that I want you to, or you won’t get the job (or you’ll be fired, etc.) Labor unions can prevent this sort of unfair treatment by creating a more equal bargaining position for the employee through negotiating collectively. In fact, an employer cannot refuse to negotiate with a labor union, as refusal to do so is considered an unfair labor practice. Here are some specific benefits that I can think of that might be attainable through collective bargaining, but are typically unattainable through one-on-one negotiations:

  • Lack of pay raises and pay ceilings
  • Forced off-the-clock work, including preparation, marking, hourly pay with forced early clock-in times, etc.
  • So-called “breach of contract” penalties
  • Forced illegal work at branch schools, kindergartens, etc.
  • Lack of holiday pay, half-pay for sick leave, and paid time off
  • Underreporting of salary (which can lead to problems for people who want permanent residence later on)
  • Not paying minimum weekly hours as stipulated in the contract, for example, due to cancelling a class for a field trip, etc.
  • General lack of job security, as teachers can often be fired for any reason
  • General lack of disregard for the rules set out in the Labor Standards Act, as employers assume (often correctly) that employees are unaware of these laws

The most common argument about all of these seems to be the following: “If you don’t like what’s in the contract, don’t sign it.” While this is definitely good advice, it is often impossible to follow given the circumstances many people find themselves in. It is also often too late, and people who are new to the field were not aware of how the terms of their contract might be used against them at the time of signing.

Joining a union means that whenever you have a grievance about your employment, you have someone to go to who will be on your team and fight for your rights at work. I have been in some of the above situations, and successfully fought for my rights through appealing to the Council of Labor Affairs, but most people simply don’t have the time, energy, or know-how to go through those procedures. Union members will not suffer many of those contractual problems in the first place, and when problems do arise, they needn’t feel unable or helpless: that’s what your union dues are for.

But many, if not most foreign teachers in Taiwan are only here for a couple of years. Can they benefit from a union?

Yes, absolutely! Pretty much everybody who is coming to teach in Taiwan will go on Google and do some homework before they apply for jobs and actually get on a plane. With some good outreach, it should be relatively straightforward to make sure that every foreign teacher in Taiwan is at the very least aware that a foreign teachers union exists. These short-term teachers are actually the ones most likely to be exploited by companies, as they are also the least likely to be aware of their rights in Taiwan (and most likely to have communication problems should they desire to take anything further up, i.e., in court). Whatever their reasons for coming to Taiwan, short term teachers would benefit just as long term teachers. Salaries for foreign teachers in Taiwan would go up across the board, including short term teachers. Time off would be more reliable, and paid time off would start minimally in year two (as required by law) or potentially earlier as the union gains strength. Indeed, it is often the case that teachers who would otherwise stay on to become long term residents are pushed out because they see the labor practices here as exploitative and do not wish to submit themselves to such treatment.

Won’t the schools hate this? Won’t they simply refuse to sign union members?

Yes, they will hate it. At first. The fact is that unions push costs of employment up, and schools don’t want to see this. However, at the same time, unions also ensure that employees feel happy and safe in their jobs, and this ultimately is reflected back in the quality of their work; their teaching, in this case. The foreign teachers union may be able to provide professional development opportunities for those members and workers who stay on long term, and all of these will indirectly benefit schools in the long run. Regardless of how the schools feel though, even in the early stages, they cannot simply refuse to sign union members, because all employees have the right to join a union and cannot be dismissed as a result of union member status. In the beginning, the union need only advocate for contracts to be lawful (as most are currently not), and as such the union will be acting in good faith negotiations. If a school refuses to reach an agreement with a union because it will only agree to an unlawful contract (for example, one that doesn’t pay half-days for sick leave), then those negotiations are not being carried out in good faith and the union would have a strong case against the employer for unfair labor practices. To put it simply, employers are scared of unions. That’s why Wal-Mart and every big company that’s not already unionized puts their employees through hours of mandatory anti-union propaganda “training” every year. Once a union is formed, the employer has no right to simply back away.

Ok, so I’d like to join a union, but there isn’t one yet. What can I do?

The first step is to reply to this message and say that you would join a labor union, given the option. If you don’t want to do so in public, that’s fine, give me a PM. In either case, please include your location (city or county). Once we see what the kind of numbers are that we are looking at, then we have a few options.

The best option will be to start in Taipei, as that is where there are the largest numbers of people. According to Article 6, a professional (craft) union is not limited to one company, as an industrial or corporate union would be. However, it is limited in scope to one administrative region, so in this case that would be Taipei City (or perhaps New Taipei City) at first. As other unions are started in other districts, Article 8 provides for a confederation of labor unions so that they can all work together, but for the moment that’s a long way away so lets focus on Taipei / New Taipei for now. According to Article 11, thirty joint-signatures on the application for a union is sufficient to submit the application and become a registered union. Article 12 explains the detailed format of the union charter, which we will discuss and vote on as part of the inauguration of the union. Initially, we will need 5 members to be elected as directors, and 1 as the supervisor. A general meeting must be held once a year, but once membership reaches 100, then representatives can be chosen to attend the meeting instead of the general members.

How much will I have to pay?

The more money we have, the more we can do. That being said, in the beginning stages of the union, we won’t be able to do much until we have more membership. The minimum amount of union dues is 0.5% of a workers monthly salary. For 60,000 NT per month in salary, that amounts to 300 NT per month in dues, minimum. With 30 members and 9,000 NT in monthly revenue, we can’t do much, and I wouldn’t expect myself (or whoever is ultimately elected as a union leader initially) to take a salary. Your 300 NT per month would go towards outreach and getting members, printing materials, developing a website, etc. However, ultimately, we would like to improve our wages, and to do that we will need people involved with the union full-time; membership dues might go up but wages would go up to more than compensate for the dues. These are all things we can discuss in the future and include provisions for them in the charter. I would propose that our leaders take a salary that is at the same level as the typical (full time) member’s salary. If that’s 60,000 NT, then we’ll need 200 members paying 300 NT per month per full time union worker. Of course, we’ll also need legal counsel and accountants, and those also cost money. If you look at union statistics, salaries increase on average something like 20% with a strong union. If we can help turn that 60,000 into 72,000, that 300 (or 1,000) you pay to union dues will be well worth it.

Here is an outline of the short-term and long-term plans:

  1. Gauge initial interest in union membership - please spread this link around, and reply if you are interested!
  2. When I can confirm with 30 individuals in one area (probably Taipei or New Taipei to start with), I will arrange a space (online) for us to discuss in further detail about how we will proceed.
  3. Start the union, hold inaugural meeting, elect union leaders.
  4. Gather support & promote membership
  5. Discuss members’ work-related problems, and draw up union-approved contracts (to propose as counter-offers to the typical unfair, unlawful contracts that are usually signed.)

— Until this point, the union will not engage in (m)any direct negotiations with businesses —

(Remember, schools cannot refuse to negotiate with us at this point)
6) As union members’ contracts come up for renewal (or as new teachers look for jobs, or current members look to change jobs), the members will notify their employers (or prospective employers) that their union will be representing them in all negotiations.
7) Maintain ongoing relationships with employers to settle labor-management disputes, i.e., carry out the expected duties of the union

— Long term goals —

  1. Open chapters in each administrative region, starting with the major population centers after Taipei (Kaohsiung, Taichung, etc.), and form a confederation.
  2. Push for better legislation in all work-related affairs (for example, legalizing kindergarten, allowing access to pension funds, loosening restrictions on permanent residence, and so on).

These things are all possible. Remember, the schools don’t want to hire you – you’re expensive! They have to hire you because their clients demand it, and we can use that to our advantage. All we need to do is stand together.

You may not have run the numbers before, but your employer fills his/her pockets with revenue generated from your work. A typical English cram school student with a foreign teacher might pay 4-6,000 NT per month. Multiply that by the 15 students in one of your classes, and again by all 6 classes that you teach at the school. That’s something like 450,000 per month, of which you see maybe 50,000 (and after another 25,000 for your co-teacher, some for the receptionist, rent, and so on) the owner is still left with much more than their fair share. You earn it, so why should they keep it all?

Please let me know what you think. Thanks!

Whoa, deja vu. Shouldn’t this be merged with the thread the last time this whole thing came up?

You want to start a union, in a country where unions are few and far between, comprised of foreign workers who are tolerated at best? Chances are you already make more than the national average salary. I suggest you put all the careful and considerate planning that you’ve put into your well written proposal to better use elsewhere. Stop trying to punch above your weight. The xenophobic news agencies here would have a field day with that kind of crazy talk considering a foreigner farting in the elevator is slanted negatively on national news.

flatlandr you bring up some important and common misperceptions that I will address later by amending the OP. Thanks.

As for whether my careful planning should be used elsewhere, well, I have seen enough injustice and exploitation here first hand to be passionate about this particular idea, so for me it’s not a problem. Luckily we don’t need that many people to actually be the “activists” here. A half dozen committee members would be just fine!

There will always a fob who works for less / works without a work permit / equates shitty contracts with local culture and gets all defensive about it .

Long story short: it’s not going to happen and cram school managers will laugh into your face and claim unions have no say no matter what the law states.

That and most foreign teachers not willing to spend 300 NT$ a month on a union.

I would agree that most foreigners would probably not currently be willing to spend 300NT on a union that doesn’t exist yet. But we don’t need most foreigners to start, only 30. Once we get started and can demonstrate the value produced by those 300 dollars in terms of monetary benefits through labor standards enforcement, it will be easier to increase membership.

I’ll respond here instead of editing the OP, it’s easier to keep track of discussion I suppose.

First, it is simply not true that unions are few and far between in Taiwan. Approximately 15% of Taiwanese workers are union members. Union membership is down in almost every country around the world, and of course the same is true for Taiwan (with over 25% unionization in the 90s). However, 15% is nothing to scoff at, and unions are both well respected and politically influential in Taiwan, as they are elsewhere (at least, among the working classes).

Second foreigners are not “tolerated at best.” For people who have a language barrier, or an attitude barrier (i.e., the jaded long-timers who often also have a language barrier), of course many of them view Taiwan through jaded lenses. But Taiwan is a democracy and foreigners have rights here, too. We don’t need to see ourselves as “tolerated at best.” Surely the many foreigners who have successfully integrated into Taiwanese culture, maintain a large network of local friends, start families and business here, and so on - surely they are not “tolerated at best.”

Being picked up by news agencies would be a great achievement for such a union, if and when it gets started. That’s a great way to spread awareness, and I’m sure that certain among the local news outlets would be happy to support foreigners in their struggle for unionization. (You can probably count a few out, to be sure.)

Finally, this is absolutely not going above what is called for or deserved by the foreign community here in Taiwan. We have the legal rights to unionize and protect our own interests, sure, but moreover I would hope that I am not alone in saying that we also have a social obligation to actually go out and do so. We see the way foreign teachers here are treated as nothing more than marketing props with the “correct” skin color, and we see the revolving door effect come into play when foreign workers try to remind their employers that they are more valuable than a simple marketing prop. A strong union can help us redress these types of grievances (as well as many others, like those I pointed out in the OP).

[quote=“hsinhai78”]There will always a fob who works for less / works without a work permit / equates shitty contracts with local culture and gets all defensive about it .

Long story short: it’s not going to happen and cram school managers will laugh into your face and claim unions have no say no matter what the law states.

That and most foreign teachers not willing to spend 300 NT$ a month on a union.[/quote]

This is probably true, but right now there are a large number of FOBs unwittingly getting themselves locked into undesirable situations, simply because they have nowhere to turn once they find out where they are. These types of workers would be welcome to join the union as well, and would receive support in fixing their problems with their employers.

Laughing in a union’s face is probably the worst thing a company can do. Of course, companies and especially large corporations have legal ways of doing what are essentially union-busting tactics, but cram schools here are not prepared for those sorts of battles. Laughing in the unions face would lead to an easy win for the union and any affected members, especially when it’s on tape and presented in the courts.

I already mentioned the union dues above, but again, the idea of union dues is that they will pay for themselves through benefits obtained through union membership. Foreign teachers may not see that currently as the union does not currently exist, but to say that they will ignore it when presented with the option is rather presumptuous.

Greves, your post does not affect me directly however let me wish you all the best, I think that this is a worthy cause to fight for and it is honourable that you are willing to dedicate yourself to it.

posting to follow this thread

The discussion on Reddit is also worth a look: reddit.com/r/taiwan/comments … bor_union/

The only way it works is if you by some miracle buxibans are required to hire union teachers. That’s not going to happen. Why is any buxiban going to hire a teacher with a list of contract addendums when there are 1000’s of other teachers to choose from?

The big problem is that there simply aren’t enough jobs/hours in Taiwan for all teachers. Since you have setup no provisions for guaranteeing jobs nobody will join since it will make it even harder (if not impossible) to get a job.

What needs to be done is better awareness of the laws and getting teachers to use the CLA when schools are abusing the system.

[quote] Lack of pay raises and pay ceilings

  • Forced off-the-clock work, including preparation, marking, hourly pay with forced early clock-in times, etc.
  • So-called “breach of contract” penalties
  • Forced illegal work at branch schools, kindergartens, etc.
  • Lack of holiday pay, half-pay for sick leave, and paid time off
  • Underreporting of salary (which can lead to problems for people who want permanent residence later on)
  • Not paying minimum weekly hours as stipulated in the contract, for example, due to cancelling a class for a field trip, etc.
  • General lack of job security, as teachers can often be fired for any reason
  • General lack of disregard for the rules set out in the Labor Standards Act, as employers assume (often correctly) that employees are unaware of these laws[/quote]

You know most if not all of these apply equally to Taiwanese teachers who generally already do twice as much work for half as much pay.

Yes indeed, they are a regular component of many people’s working lives here.

[quote=“Abacus”]The only way it works is if you by some miracle buxibans are required to hire union teachers. That’s not going to happen. Why is any buxiban going to hire a teacher with a list of contract addendums when there are 1000’s of other teachers to choose from?

The big problem is that there simply aren’t enough jobs/hours in Taiwan for all teachers. Since you have setup no provisions for guaranteeing jobs nobody will join since it will make it even harder (if not impossible) to get a job.

What needs to be done is better awareness of the laws and getting teachers to use the CLA when schools are abusing the system.[/quote]

Yes, the last part is correct. That’s why, to start, the union’s goals will be more focused on applying the law rather than contract-specific benefits.

A school that refuses to work with union members right from the start makes an easy case for a suit against the school, so there is definitely a way to force them to the table.

[quote=“cfimages”][quote] Lack of pay raises and pay ceilings

  • Forced off-the-clock work, including preparation, marking, hourly pay with forced early clock-in times, etc.
  • So-called “breach of contract” penalties
  • Forced illegal work at branch schools, kindergartens, etc.
  • Lack of holiday pay, half-pay for sick leave, and paid time off
  • Underreporting of salary (which can lead to problems for people who want permanent residence later on)
  • Not paying minimum weekly hours as stipulated in the contract, for example, due to cancelling a class for a field trip, etc.
  • General lack of job security, as teachers can often be fired for any reason
  • General lack of disregard for the rules set out in the Labor Standards Act, as employers assume (often correctly) that employees are unaware of these laws[/quote]

You know most if not all of these apply equally to Taiwanese teachers who generally already do twice as much work for half as much pay.[/quote]

Perhaps they should organize a union.

I have no idea if this all would work but I find it fascinating in the same way as the migrant workers movement towards unionization in the USA. Interesting corollaries regarding legal and quasi-legal status of members, along with other facets. I don’t have any skin in the game but I’d love to watch it play out. Good luck, OP.

[quote=“greves”][quote=“Abacus”]The only way it works is if you by some miracle buxibans are required to hire union teachers. That’s not going to happen. Why is any buxiban going to hire a teacher with a list of contract addendums when there are 1000’s of other teachers to choose from?

The big problem is that there simply aren’t enough jobs/hours in Taiwan for all teachers. Since you have setup no provisions for guaranteeing jobs nobody will join since it will make it even harder (if not impossible) to get a job.

What needs to be done is better awareness of the laws and getting teachers to use the CLA when schools are abusing the system.[/quote]

Yes, the last part is correct. That’s why, to start, the union’s goals will be more focused on applying the law rather than contract-specific benefits.

A school that refuses to work with union members right from the start makes an easy case for a suit against the school, so there is definitely a way to force them to the table.[/quote]

So basically the focus of this union is to duplicate the work that CLA already does? The CLA isn’t perfect but they hold some actual clout in labor disputes while this union is only going to advise its unionized teachers to use the CLA.

There is no way to force schools to the table if they refuse your contract demands. Schools will give the teacher the option to sign the contract that they offer or not offer the job. There is no case to bring against a school.

Let’s assume this union, by some anomaly, gets off the ground and begins to have some clout. How long do you think it would take the legislature to pass a law outlawing participation by foreigners in a labor union?

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A lot of truths being passed around here. English teachers will benefit in a union if:

  1. The TW govt supports it, or at least does NOT ban it in some form.
  2. Schools support it. That there is a clear benefit to them as well.
  3. TEachers support it, seeing also a clear benefit.

Wages should not remain the same as they have for ten years or more should they?

But the "hordes " of new comers willing to undercut current wages will still undermine the whole system.

The TW govt put a stop to something similar with foreign workers by instituting laws to govern their hiring.
You would have to get the TW govt to put up more legislation to stop the flow of teachers. But do you really want MORE rules and hoops and hurdles?

AS it is it is supply and demand. A free economy. Which means one can easily be replaced at a school. As a result there should be a broader definition for the ARC . It should not be school based. It should be a “you want to teach English in Taiwan? YOu meet the requirements? Ok you get a ONE YEAR (renewable each year) Visa to teach english in Taiwan for any and all schools.” And the Govt makes sure that schools only hire those with a valid visa for teaching English with proper monetary punishments against the schools.

So they dont hire english speaking workers from Philippines, Sri Lanka, etc to teach . Unless they meet the standards for teaching English.

I don’t think the tW govt is pro labor unions per se. It might be better to have some sort of a union to prod the TW govt in upholding basic human rights or English teachers in Taiwan.

For example push for what I stated above. Gain ONE YEAR (renewable year by year) ARC for Teaching English (or French or Spanish, etc) not limited to a particular school. Free to teach anywhere in Taiwan, even privates for one year by meeting requirements. These requirements should be reasonable. IN other words not upon holding a passport from an English speaking country. There are certainly many US passport holders who can’t speak much english, for example. They could be recent immigrants from China, for example.

IT should be based on their education and they should be made to pass English tests.

In other words if you hold a PRC passport but you have lived in the UK for a great number of years and attended most of your education in an English speaking institution and graduated from a college in English and you clearly pass standard tests for English comprehension , you should be able to teach.

[quote=“tommy525”]AS it is it is supply and demand. A free economy. Which means one can easily be replaced at a school. As a result there should be a broader definition for the ARC . It should not be school based. It should be a “you want to teach English in Taiwan? YOu meet the requirements? Ok you get a ONE YEAR (renewable each year) Visa to teach english in Taiwan for any and all schools.” And the Govt makes sure that schools only hire those with a valid visa for teaching English with proper monetary punishments against the schools.

For example push for what I stated above. Gain ONE YEAR (renewable year by year) ARC for Teaching English (or French or Spanish, etc) not limited to a particular school. Free to teach anywhere in Taiwan, even privates for one year by meeting requirements. These requirements should be reasonable. IN other words not upon holding a passport from an English speaking country. There are certainly many US passport holders who can’t speak much english, for example. They could be recent immigrants from China, for example.

IT should be based on their education and they should be made to pass English tests.

In other words if you hold a PRC passport but you have lived in the UK for a great number of years and attended most of your education in an English speaking institution and graduated from a college in English and you clearly pass standard tests for English comprehension , you should be able to teach.[/quote]

This is an interesting point and I have talked about this before as well. Again, I think that a union could be used as a political platform to discuss these types of issues. As it is, foreign teachers who are completely unorganized have no unified voice, no political voice, and cannot push for any type of legislative reform. One of the rights of a union is to push for legislative reform, and again, if such reform ever passed, it would still be useful for teachers to have union support in their individual jobs.

It’s a ludicrous idea from the outset.

Unionism developed in a particular historical context during the industrial revolution.

Due to the shift from a feudal, to an industrial economy, people who had previously enjoyed the rights and charters of the feudal system found themselves stripped of rights to housing, land, income, etc., and were forced to move to cities to scrabble for work and wages in factories and such.

English Teachers in Taiwan do not suffer the same hardships as our noble ancestors who fought and died for the cause of justice and human rights; including the right to form a labour union.

We hardly labour. We are not hungry. We are not forced to send our children to work in dangerous jobs for we to have bread on table.

Today unions have mostly lost their relevance in countries that benefited from the industrial revolution. Unions suck the productivity out of an economy. They are nothing more than a form of gangsterism.

And you want to start a union in a foreign country, for foreign guests, who are paid double what their local counterparts are paid for doing less.

One of the great things about globalisation is that if you don’t like a job, you can shove it.

If you have an education, the world is yours.