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Contract Hours Fail

Work Permits, Employment Qualifications, Employer Problems
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Contract Hours Fail

Postby RestlessNotions » 02 Jan 2012, 18:15

Fairly standard story: I've been working for a buxiban for 5 months. I signed a contract stating that I would get 20 hours a week minimum at $600 an hour. So far the most I've worked is 16 hours in a week, with an average of 10. I've asked repeatedly for more hours. At this point I'm more than happy to break all ties and leave Taiwan, but first I want to know if there's some way to force them to honor the contract, or give me the pay that they promised. Any advice?
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Re: Contract Hours Fail

Postby Toe Save » 02 Jan 2012, 18:31

RestlessNotions wrote:Fairly standard story: I've been working for a buxiban for 5 months. I signed a contract stating that I would get 20 hours a week minimum at $600 an hour. So far the most I've worked is 16 hours in a week, with an average of 10. I've asked repeatedly for more hours. At this point I'm more than happy to break all ties and leave Taiwan, but first I want to know if there's some way to force them to honor the contract, or give me the pay that they promised. Any advice?


They legally only need to give you 14 hours per week and a minimum monthly pay of 49,000NT. Please someone correct me if I am wrong. As they hold your ARC, you are unlikely to exact any legal remedy, as you are leaving anyway and justice grinds very slowly here. It sucks. I hear ya. You can either quit and ask them to keep your ARC honoured while you seek out another job. Or better yet, just do the hours they give you while finding more elsewhere. That's SOP for 80% of 1st and 2nd year au paires round these here parts.

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Re: Contract Hours Fail

Postby 80sStar » 02 Jan 2012, 20:19

RestlessNotions wrote:Fairly standard story: I've been working for a buxiban for 5 months. I signed a contract stating that I would get 20 hours a week minimum at $600 an hour. So far the most I've worked is 16 hours in a week, with an average of 10. I've asked repeatedly for more hours. At this point I'm more than happy to break all ties and leave Taiwan, but first I want to know if there's some way to force them to honor the contract, or give me the pay that they promised. Any advice?


Do you have a copy of your contract where it states this guarantee? Do you have documented proof of how many hours you have actually been working? If so, then it would be an interesting test case to see if you could take them to the labour board/sue for the difference. Of course, you will need to have already left the school and obtained an ARC sponsor elsewhere. And you likely won't be able to leave Taiwan right away. These things seldom get resolved very quickly. Also, your guarantee could be an average to be made up throughout the year. IE, sometimes a school will give you below 20 hours in slow times and far above that amount during summer camps etc. Also, ensure you have not declined classes for any reason. If you have, the employer will be off the hook.

Most people just cut their losses and get another job (or be happy they have an ARC sponsor who doesn't fill their timetable, and then fill it themselves with privates).
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Re: Contract Hours Fail

Postby bumclouds » 22 Jan 2012, 14:02

Consider finding more work. I heard from a few people that that you can have a second employer added to your work permit.

How long have you been in TW for?
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Re: Contract Hours Fail

Postby Abacus » 22 Jan 2012, 14:10

go to the labor board and ask them. Bring everything that resembles a contract. The most important will be the Chinese contract since that is the official one.

But they are REQUIRED to give you 14 hrs/wk since that is a condition of a primary work permit. I thought the minimum monthly pay was 33K/mo (not 49K/mo) which is another condition of the work permit.

Imo you are best off finding a different job (not a second job) that you would enjoy/tolerate/not hate or giving them adequate notice (ask the labor board) and leave Taiwan if that is your desire. Even if they honor your contract after a call from the labor board it will likely be an unpleasant place to work.

One question - have you expressed your dissatisfaction with your manager? they might consider you a pushover that won't complain so they'll stick you with a shitty schedule.
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Re: Contract Hours Fail

Postby Hartzell » 23 Jan 2012, 10:23

Was your contract approved by the Council of Labor Affairs (CLA)? I have heard that this is often one of the conditions of employment . . . . . in getting all the necessary paperwork officially handled and chopped . . . . .

If so, it would appear that the CLA has some obligation to see that the contract is enforced, especially in regard to the promised amount of work and payment.

You might want to ask them about it.
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