Validity of penalty clauses for breaking contract

Work Permits, Employment Qualifications, Employer Problems
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Validity of penalty clauses for breaking contract

Postby Chef David » 11 Nov 2006, 11:56

I have relocated to another country
before my departure I was 10 months into a 1 year contract,and several occurance of "bad deals" came to my attention regarding my employer and previous employees, so I was advised to leave on payday.

i did,and half surprinsingly my wage for october wasn't on my account.

are employers entitled to hold and not pay staff for a month that has been worked.
:help:
"If you are easily offended by direct aspersions on your lineage, the circumstances of your birth, your sexuality, your appearance, the mention of your parents possibly commingling with livestock, then the world of professional cooking is not for you." A. Bourdain
“If you want to get together in any exclusive situation and have people love you, fine - but to hang all this desperate sociology on the idea of The Cloud-Guy who has The Big Book, who knows if you’ve been bad or good - and cares about any of it - to hang it all on that, folks, is the chimpanzee part of the brain working.” Frank Zappa, 1989
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Postby Belgian Pie » 11 Nov 2006, 12:02

Oh, you're gone already? Your stay in taiwan was only short lived ... never had the chance to meet you ... and try your cooking.

I guess everything goes in taiwan ... when it comes to not paying employees ...
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your bad

Postby Chicken » 11 Nov 2006, 13:46

A brief summation of the law as I sees it: They can fine you for not filling the contract. I think (maybe) the fine can be up to 20hrs.

They can not hold pay (deposit) before you do anything bad. They can only take $ out of your last pay, not your first ones.

If you were here you could fight it and probably win, but "I was advised to leave on payday" means you should have had your $ in hand before you left. That way your only out a week not a month's pay.
If you can read this thank a teacher.
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Re: breaking contract,my own questions

Postby brian » 11 Nov 2006, 15:55

dablindfrog wrote: before my departure I was 10 months into a 1 year contract,and several occurance of "bad deals" came to my attention regarding my employer and previous employees, so I was advised to leave on payday.


I am assuming that you were advised by other teachers and not by the school. Bad advice if you ask me, and it seems that had you checked this before you did the runner rather than after the fact then you may have made a different decision. While I can understand your motivations for doing a runner I am not sure that you have acheived your objectives.

First off, and you may not yet be aware of this, but your employer is required to notify the CLA of your premature departure. The CLA will automatically blacklist you from ever obtaining a work permit to teach in Taiwan ever again. While this may not be a concern for you at present it is probably best for others not to limit their options in this regard as the return of those who never planned to return is not unheard of occurence.

The blacklisting can be appealed but the only basis of the appeal after the fact would be proving that you did give more than 30 days notice of your intent to leave. If your employer was treating you badly, forcing you to work illegally, or threatening not to pay you then you should have raised these concerns with the CLA prior to you choosing to breach the contract. Once you have breached the contract yourself then these other concerns become nothing more than a case of 'he says, she says'.

dablindfrog wrote: are employers entitled to hold and not pay staff for a month that has been worked.


What does you contract say about this?

Most of us have a clause regarding contract breach that states a penalty for breaching the contract. We agree to this when we sign the contract. It is not unheard of for schools to forgo the levying of this penalty if the teacher works with school in finding a replacement, but then there are also cases of schools taking the full penalty even though there were legitimate reasons for a breach (i.e. death of a family member back home etc). Penalizing the party that breaches a contract is pretty standard practice and totally legal and not something that is restricted to the employment contracts of foreign teachers.
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Postby Funk500 » 11 Nov 2006, 16:41

All very good Brian, but I believe the OP was a chef rather than a teacher.
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Postby Chef David » 11 Nov 2006, 21:21

Funk500 wrote:All very good Brian, but I believe the OP was a chef rather than a teacher.



it's ok,even so he did point me out to some interesting details,in my contract there are no part about breaking contracts,so I'm not sure where that leaves me.

the day I left they indeed contacted immigration and police station,altough this all sounds dramatic,it seems like standard procedure.

I'm not really bothered about being black listed, we should never say never but I'm fairly confident that i won't need to get back to Taiwan again.

as probably anyone else, I'm not keen on working a whole month for free, so I hope they will resolve this in a good manner.

thanks for the contributions :wink:
"If you are easily offended by direct aspersions on your lineage, the circumstances of your birth, your sexuality, your appearance, the mention of your parents possibly commingling with livestock, then the world of professional cooking is not for you." A. Bourdain
“If you want to get together in any exclusive situation and have people love you, fine - but to hang all this desperate sociology on the idea of The Cloud-Guy who has The Big Book, who knows if you’ve been bad or good - and cares about any of it - to hang it all on that, folks, is the chimpanzee part of the brain working.” Frank Zappa, 1989
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Postby Chef David » 11 Nov 2006, 21:27

belgian pie wrote:Oh, you're gone already? Your stay in taiwan was only short lived ... never had the chance to meet you ... and try your cooking.

I guess everything goes in taiwan ... when it comes to not paying employees ...


yeah,shortly after i arrived to Taiwan i thought I'd be able to come and sample some proper belgian delights and it turned out that you were no longer operating that shop, now it's my turn.....we both know the deal about Taiwan....
anyhow I'll keep posting here anyway since this MB is much more than just about Taiwan.

I'll PM you my new whereabouts so one day you might still want to come and visit :wink:
"If you are easily offended by direct aspersions on your lineage, the circumstances of your birth, your sexuality, your appearance, the mention of your parents possibly commingling with livestock, then the world of professional cooking is not for you." A. Bourdain
“If you want to get together in any exclusive situation and have people love you, fine - but to hang all this desperate sociology on the idea of The Cloud-Guy who has The Big Book, who knows if you’ve been bad or good - and cares about any of it - to hang it all on that, folks, is the chimpanzee part of the brain working.” Frank Zappa, 1989
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Postby TainanCowboy » 11 Nov 2006, 21:33

Tête de merde d'au revoir... :grin:
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Re: your bad

Postby Chef David » 11 Nov 2006, 21:37

Chicken wrote:A brief summation of the law as I sees it: They can fine you for not filling the contract. I think (maybe) the fine can be up to 20hrs.



oh,so that's only a 10th of what I'm owed :lol: :D

Chicken wrote:
If you were here you could fight it and probably win, but "I was advised to leave on payday" means you should have had your $ in hand before you left. That way your only out a week not a month's pay.


see,that's where it's all very confusing, we always got paid on the 6th in that company,the pay is usually wired on staff's accounts the 6th early morning(sometime even at 00.01 on the day) but that morning i didn't received anything until my plane was to leave around noon.
i then contacted other staff members who told me they had their pay wired as usual,so I was indeed the only one to get shafted.

someone could correct me if I am wrong but, aren't wages arrangements made a few days in advance?I mean,the financial dept of a workplace doesn't actually make payments to employee's accounts the very morning on payday???do they??

if it's all made in advance,then it prove that they were aware of my intensions
"If you are easily offended by direct aspersions on your lineage, the circumstances of your birth, your sexuality, your appearance, the mention of your parents possibly commingling with livestock, then the world of professional cooking is not for you." A. Bourdain
“If you want to get together in any exclusive situation and have people love you, fine - but to hang all this desperate sociology on the idea of The Cloud-Guy who has The Big Book, who knows if you’ve been bad or good - and cares about any of it - to hang it all on that, folks, is the chimpanzee part of the brain working.” Frank Zappa, 1989
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Postby Chef David » 11 Nov 2006, 21:50

TainanCowboy wrote:Tête de merde d'au revoir... :grin:



almost....like everything you do..... :D :lol:
"If you are easily offended by direct aspersions on your lineage, the circumstances of your birth, your sexuality, your appearance, the mention of your parents possibly commingling with livestock, then the world of professional cooking is not for you." A. Bourdain
“If you want to get together in any exclusive situation and have people love you, fine - but to hang all this desperate sociology on the idea of The Cloud-Guy who has The Big Book, who knows if you’ve been bad or good - and cares about any of it - to hang it all on that, folks, is the chimpanzee part of the brain working.” Frank Zappa, 1989
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