So, i get that with-holding a deposit from someones paycheck is illegal etc etc.
Where does the law stand on the Hess “break your contract” fine. They dont take a deposit, but do say in the contract that you will be fined for breaking it (i.e out of your final paycheck, they take 20,000). In the contract there is no way around it. No way you can give X amount of notice and then break your contract amicabley.
I know the law says that you are required to give a certain amount of notice dependent on how long you’ve been working at a company. Does anyone know, whether or not, if you give this amount of notice it makes the Hess fine illegal. Or is the whole thing illegal anyway?
Who can i contact about the situation? I heard about the CLA. Do they have an email address or something?
Setting terms for breaking a contract is not illegal. You have to give that amount of notice and also pay them the fine.
Notice period:
worked there 3 months to 1 year = 10 days
1 year to 3 years = 20 days
3 years and above = 30 days
They can’t deduct it from your pay, and they can’t withhold your pay, but they can sue you for the amount you agreed to in the contract. They can also sue for damages that the company sustains and get you blacklisted if you just disappear with no notice.
If you sign a contract as a responsible adult, it means you’re making a promise that you’re legally bound to.
If you’re unable to assume that responsibility, don’t sign contracts!
Yeah, i understand that. The situation is a bit complicated though.
Originally i signed a six month contract then wanted to change that to a year long one. They said that this was fine at the time (this was 5 months prior to my old contract expiring). Then, one month into my new “one year contract”, i was told that they only want me for six months to start with then maybe renew contract for another six months after that one. I dont really feel confident that i will get another 6 month contract after that and I understood that i was gonna recieve a 1 year contract, so i was kinda kept at the school on false pretenses and only told when my new contract was in effect. I want to stay in taiwan for another year, not a year and six months and not 6 months. so working out the contract and then going to another school isnt what i want, and just working out my contract and going home in 6 months also isnt what i want.
Had they told me this would be the situation before hand i wouldnt have signed anything. they have said that because i have 2 six month contracts im entitile to 0 vacation time. This isnt acceptable to me. Who would it be acceptable to? Also the renewel bonus thats part of the contract wont be paid to me, so its not like theyre keeping up their end of the bargin.
I know of others that have just bailed on Hess and got away with it scot free, but i want to do it the right way if i do it.
Do you understand? What you described is SOP for HESS in my experience. They are masters at controlling information in order to get what they want from you. Your only real leverage in this situation was to not have signed the contract. You had better believe if it’s convenient they will not keep their end of the bargain but hold you to yours. There may be legal recourse, but I haven’t seen fighting the school be very effective. I’d say your best bet is to break the contract and take the fine. Chalk it up as a lesson learned. You mention a lot of what you want but honestly HESS has zero concern for your desires. The only way for you to get what you want from them is to align your desires with theirs. That doesn’t seem likely in this situation.
Huh?
So did you sign a second 6 month contract?
If so, why?
If you didn’t sign one then maybe you can claimed they changed your work terms or something. But if you did, as naijeru said, there’s probably not much you can do. Maybe if you say you will leave unless they change your contract like they said they would, they might do so?
yeah, naijeru. Thats what I was thinking. Just doesnt sit too well with me that i have done a lot for this company and worked hard for my kids, put in loads of unpaid hours and work taking kids on feild trips and stuff, only to get thanked for it by getting fisted.
Life’s a bitch and then you marry one, huh?
No, i didnt sign a second six month contract. only the first one. Then asked to change it which they said was fine, but then didnt change it. and told me one month into my first six month contract that they didnt give me a year contract but wanted to give me 2 six month contracts.
but i only signed the first one.
I hope thats clearer…
You can usually leave without paying the fine, even in your first year, if you give them enough time to find a replacement teacher. Given Hess’ 3-month recruitment cycle, though, that isn’t always practical.
The no-vacation-time thing sounds a little odd. I can’t swear to it because, although I teach for Hess, I don’t actually have a contract with them … but my recollection is that you get a month off if you resign for a year, and 2 weeks off if you sign for six months (so it works out the same either way).
Who is it that you’ve been talking to? If it’s your branch manager or HNST, the first thing to try would be talking directly to EHRD at head office. They’re pretty reasonable people.
Ask nicely to leave - it worked for me. Well, there’s more to it than that. But asking your manager to let you out early is a good start.
[quote=“robinhood5000”]yeah, naijeru. Thats what I was thinking. Just doesnt sit too well with me that I have done a lot for this company and worked hard for my kids, put in loads of unpaid hours and work taking kids on feild trips and stuff, only to get thanked for it by getting fisted.
Life’s a bitch and then you marry one, huh?[/quote]
I hear ya. I have seen time and time again beloved teachers of great talent and dedication get shafted by them. Like I said, SOP. Hess is a great way to come to Taiwan but not a great way to stay in Taiwan unless you’re real lucky.
Thanks for the replies guys!
I spoke with EHRD and was told its down to the manager really, and that for a 6 month contract im not actually entitled to any vacation time. I think the fine is really down to the manager too and i think she will go for the full fine if she’s given the option.
I guess we will just have to see what happens.
I’ll push to get the vacation time i think i should be getting and the bonus. try and get something in wrting to say that i will definately get the second 6 month contract. Then I’ll just roll with the punches after that until im out. If they dont want to give me that, then i guess ill have to swallow the loss and get out.
I’ll keep you posted!
Thanks again!
What vacation time would that be? The Labour Standards Law is clear on that one – employees aren’t entitled to any paid vacation time for their first year of employment.
At least as far as the schools I know of, the contract states that foreign teachers are entitled to one month vacation each year. And contracts are always for only one year or less.
I’m talking about the law for paid vacation. Sure a contract might offer time off, but I never heard of a teacher getting a month’s paid vacation in his or her first year.
I’ll have to trust you on that one. I don’t know. Most cram schools don’t offer paid vacations, unless you signed the contract with them that puts you as a salaried worker instead of an hourly one. Quite frankly, hourly usually pays more–even if you don’t get any pay during holidays.
No im not talking about paid time off. Im told that im entitled to no UNPAID time off.
I’ve been working for them for 2 years, so if i had another one year contract i would get 2 weeks unpaid vacation and another month unpaid vacation as a sort of bonus. 2 6 month contracts however doesnt entitle me to anything. Thats fine if its the case, but i dont want to spend the next year working without a vacation. Therefore it looks like i’ll be moving on if i cant get that. I think it is the least im owed for my work.
God almighty! That’s slave labour! Teachers really do seem to get a raw deal.
It doesn’t matter what length of time your contract is for. If you’ve worked for the same company for over a year you’re entitled to 7 days paid after the first year, with an additional day per year after that up until 15 days or something like that.
Surely teachers are still covered by the LSL whatever their contracts say? The provisions of the law override anything that might be stated in a contract, after all.
[quote=“sandman”]
It doesn’t matter what length of time your contract is for. If you’ve worked for the same company for over a year you’re entitled to 7 days paid after the first year, with an additional day per year after that up until 15 days or something like that. Surely teachers are still covered by the LSL whatever their contracts say? The provisions of the law override anything that might be stated in a contract, after all.[/quote]
Is this true?? I’m on my second year with no paid vacation. My contract is with TLI. Anyone have a definitive answer on this, if a definitive answer on ANYTHING is even possible in Taiwan… 
[quote=“sandman”]God almighty! That’s slave labour! Teachers really do seem to get a raw deal.
It doesn’t matter what length of time your contract is for. If you’ve worked for the same company for over a year you’re entitled to 7 days paid after the first year, with an additional day per year after that up until 15 days or something like that.
Surely teachers are still covered by the LSL whatever their contracts say? The provisions of the law override anything that might be stated in a contract, after all.[/quote]
Hess is very slick with that though. They’re obviously only offering the six months contracts to avoid offering vacation, so on paper, it’s highly likely those contracts will be for different companies.
[quote=“robinhood5000”]
I’ve been working for them for 2 years, so if I had another one year contract I would get 2 weeks unpaid vacation and another month unpaid vacation as a sort of bonus. 2 6 month contracts however doesnt entitle me to anything. Thats fine if its the case, but I don’t want to spend the next year working without a vacation. Therefore it looks like I’ll be moving on if i cant get that. I think it is the least I’m owed for my work.[/quote]
That’s insane! They really will try to get away with anything if given the chance.