Can schools keep some of your money every month?

Work Permits, Employment Qualifications, Employer Problems
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Can schools keep some of your money every month?

Postby mjs513 » 29 Mar 2012, 02:31

My cram school has put something in my contract that I don't consider legal and wonder if there's a foreign help line or other place that I could call to check the rule book. I understood that any break of contract fee is illegal, that you must be paid for any work that you do. My school is trying to keep a few thousand NT per month and put it in a savings account, which I get when I finish my contract. Which, my manager told me was very common in Taipei. But, if I don't finish the contract, or give them the notice that they ask for, then I lose that money. Which after several months adds up to something I'd like to keep. That seems illegal. If you work you get paid. Even if someone quits and the other person doesn't like it, you don't get to make threats or keep any of their money. I don't have any plans of quitting, but I still don't want this in my contract. How about creating a working environment that people want to work in and treat your staff with respect, instead of trying to manipulate people into staying in a place that might not fit. Thxs for any advice.
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Re: Can schools keep some of your money every month?

Postby cfimages » 29 Mar 2012, 08:37

I'm pretty sure it's illegal. You could get in touch with the foreigners info line on 0800 024 111 or at http://iff.immigration.gov.tw/mp.asp?mp=T002
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Re: Can schools keep some of your money every month?

Postby Okami » 29 Mar 2012, 09:08

Ask CLA to have a chat with them about it. No use them doing this when you are probably getting taxed at 20%.
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Re: Can schools keep some of your money every month?

Postby Northcoast Surfer » 29 Mar 2012, 09:43

It's 100% illegal. "But, here is Taiwan!" There are no laws, no rules, or even moral standards of conduct that simply can't be ignored because the Taiwanese don't feel like following them.

Tell your boss that this is illegal and that you do not accept it and that they must cease this practice and immediately return any deducted salary. If not, you will go to the Council of Labor Affairs (CLA) and lodge an official complaint. Just this threat should work without actually taking any action. They'll probably hate you forever, but that is preferable to them taking advantage of you with impunity. Additionally, you could tell them that you'll also go to the Tax Bureau to lodge an official complaint as well. This should scare them too, because all Taiwanese are tax cheats and the last thing they're going to want is the Tax Bureau going over their cooked books and shady business practices.

Best of luck. :bow:
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Re: Can schools keep some of your money every month?

Postby EigerMarcus » 29 Mar 2012, 10:29

If the LSA applies (discussed in other threads) then the reference is Article 26 of the Labor Standards Act which states, "An employer shall not make advance deduction of wages as penalty for breach of contract or as indemnity."

This post was recommended by Northcoast Surfer (29 Mar 2012, 11:38)
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Re: Can schools keep some of your money every month?

Postby mjs513 » 29 Mar 2012, 20:18

I will let them know. I appreciate the help... tired of shady buxiban practices myself... THANKS!
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Re: Can schools keep some of your money every month?

Postby marksman23 » 17 May 2012, 06:32

Ask CLA

mjs513 wrote:My cram school has put something in my contract that I don't consider legal and wonder if there's a foreign help line or other place that I could call to check the rule book. I understood that any break of contract fee is illegal, that you must be paid for any work that you do. My school is trying to keep a few thousand NT per month and put it in a savings account, which I get when I finish my contract. Which, my manager told me was very common in Taipei. But, if I don't finish the contract, or give them the notice that they ask for, then I lose that money. Which after several months adds up to something I'd like to keep. That seems illegal. If you work you get paid. Even if someone quits and the other person doesn't like it, you don't get to make threats or keep any of their money. I don't have any plans of quitting, but I still don't want this in my contract. How about creating a working environment that people want to work in and treat your staff with respect, instead of trying to manipulate people into staying in a place that might not fit. Thxs for any advice.
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