Workers' rights: theory vs. practice

But did they get fined for that, too? If so, then they will have a massive amount to pay.

Seems there’s a levy on the pension contributions they missed. I’m not great at math, so I can’t work out quite how much that will be. The big fine will be the x10 on the employment insurance premiums. They also used a lawyer, so there’s plenty of money been sunk into this fight to stop me receiving a penny. They’ve already had a 30,000TWD fine for not cooperating with city officials who were trying to establish the working relationship. The fines won’t be applied until I take the full high court decision (which hasn’t arrived yet) to the authorities, and they take things from there.

You’d have to have seen what went on in court to appreciate the sheer arrogance with which the ex-boss and her lawyer behaved, and I’ve no doubt they will be struggling to process this result. The last time we came out of the courtroom, in March, the ex-boss was taunting me by giving me V-for-Victory signs.

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Palm facing you or away from you?

He is British so I don’t think he would get those confused.

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Right. Churchill-style. I explained the sign to my wife, and told her about VE and VJ Day, and we dubbed the day we won our claim, VB Day (B being the initial of the school). I will be giving my own V-for-Victory signs next time we meet in court (her lawsuit against me).

I know he’s British.

I’m asking in reference to the public insult law

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I’m saying that a British person would never call someone sticking their twos up a victory sign so it must have been palm facing him. Not important anyway.

Don’t know where I dropped that I was British, maybe my spelling.

I know there’s the whole thing about public insult, but in my case there are much bigger crimes that I am trying to have the ex-boss prosecuted for, so I’m treating their poor behavior as noise.

At this point, I’ve had too many people from the realms in Taiwan dilute their English so much I have to make sure.

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Yea. You just add to their plate. Why not?

Funny. I am sat here working on my thesis (last day today) for my master’s in English Literature from NTU, so although I take your point about people whose English is diluted by the length of their stay here, in my own case I have been kept very busy writing and thinking in English.

I have had two lawsuits and two criminal complaints going on at the same time now for the last year. I am also doing my master-s thesis and teaching Mon-Fri, so I’m not going to add on more days off just to try and get a 9000TWD fine issued for public insult. So that’s the reason.

Thats the fine. Not the compensation. The compensation is $30000 max.

30000TWD? Not Article 309 of the Criminal Code? Oh, I don’t see any compensation guidance there, but if you say so. My ex-boss asked for 300,000TWD for my supposedly publicly insulting her because she included it in a civil claim.

A person who publicly insults another shall be sentenced to short-term imprisonment or a fine of not more than nine thousand dollars.

Yea. That is the fine. To pay to the government.

Not the compensation to you.

And similarly, you dont have to go criminal.

Criminal penalties are not the same thing as compensation.

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Point taken, I hadn’t seen any need to pay compensation listed in the Criminal Code.

All one has to do is send the scary letter. Compensation or fine+compensation?

Your fight is already probably very expensive and they violated your rights.

Actually been mercifully inexpensive, the true cost has been in time, energy and worry. I had to use fresh lawyers for the high court, and they never made themselves fully familiar with the details of the cases; this meant my having to write hundreds of pages of legal filings, which my wife would translate and the lawyers would select from and refine.

Anyone know if there is a guidance or maximum figure to be paid as compensation for wrongful dismissal?

Whatever it is, it won’t be an astronomical sum like you would expect in North America, if it’s anything more than the salary owing plus severance pay at all. (The way to get a half-decent payout is to argue the contract was not legitimately terminated at all, so Civil Code Art. 487 applies. That only adds up to anything substantial if a long period has gone by. Good luck!)