Working in a kindergarten with a buxiban contract

Hello, everyone.

I’d like to ask about working in kindergartens. My contract states that I work at a buxiban, but in reality, I work in the kindergarten section. Is this contract enforceable in this case?

The contract also states a $29,000 deduction if I terminate it at any time (does not matter how much notice). How legal would this be? Thanks for any advice.

I’m not sure about the enforceability of the rest of the contract, but if you’re working in a kindergarten when you’re not supposed to be working in a kindergarten I think that reporting yourself might backfire. AFAIK, it’s not just your employer who can get into trouble there.

If you type “kindergarten” into the search box, you’ll bring up some other threads on this topic.

You’d probably want to check with your local labor bureau about this one, but my understanding is that advance deductions of wages for something like this aren’t permitted at all (Labor Standards Act, Article 26), and that the range of situations where employers are allowed to reclaim legitimate training expenses etc. from employees is quite limited.

If you’re not qualified to teach early childhood in Taiwan (as in, you need to have ROC-obtained credentials), you can’t work in a kindergarten, end of discussion. Get yourself out.

4 Likes

That’s because it is illegal…

However, if you have an APRC make sure they pay the 6% pension because buxibans have to pay into that

1 Like

Are you sure about buxibans having to pay I to the pension system? I recall several threads here where it was mentioned that private schools are exempted from that.

I agree. Get out before you get f@cked. Rule of thumb in Taiwan is to never trust a word out of a cram school owner or manager’s mouth. They will lie, cheat, steal, and throw you under the bus if they have to. Go in knowing what is legal and what is not before signing a contract.

Buxibans are not covered by the private schools act.

So yes, I am sure about that.

1 Like

Are you working or have you worked in a cram school and had your employer pay into it? It just seems odd that cram schools would be required to do so for foreigners. Anyone living in Taiwan knows how every effort (knowingly or unknowingly) is made to screw us over so for them to require crams schools to do this makes no sense. Yet private schools such a high schools and colleges are not required to do this. Does it depend on how many hours you work or if you’re paid a salary or hourly wage?

Yes

Welcome to Taiwan

The pension is required for ALL employees covered by the labor standards act. Private schools are exempt from the labor standards act. (Thus the reason for this loophole).

2 Likes

It just seems so counter intuitive (for Taiwanese) to do this since every effort is made by them to screw foreigners.

Are you required to work a certain amount of hours in order for them to pay into the system? When did this become a requirement?

1 Like

Is it the same if he has a spousal ARC?

Yes, spousal too

This foreigner hate theme seems to keep popping up lol is this a vibe here? Might be nice to be hated for a change :grin:

I’m assuming you don’t live in Taiwan or are Taiwanese and think it’s funny that foreigners are discriminated against.

When did this loophole come into effect?

You’re assumptions are entirely wrong. I both live in Taiwan and am entirely a foreigner. I’ll in turn assume you lack awareness of sarcasm and my form of humour :rofl:

Since day one of the labor pension act coming into force.

Winner, winner chicken dinner! I saw your post about getting a scooter. Good luck! You’ll be needing it :grinning:

What year was that?

I’m unsure of what you mean by i’ll be needing a scooter. I’m not trying to get a scooter anyway lol I ride actual motorcycles they are more fun :slight_smile: