CLA Reminds Businesses of Paid Leave Obligations

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CLA Reminds Businesses of Paid Leave Obligations

Postby EigerMarcus » Wed May 30, 2012 10:44

There have been a number of questions and such over the last few months about leave entitlements and such. The CLA spoke on the issue of employers denying the same yesterday and noted that employers who fail to provide leave to employees in accordance with the law face fines of up to NT$300,000.

The story is here: http://www.taiwannews.com.tw/etn/news_c ... id=1932843

And it notes that, "Those who find themselves unable to obtain their paid leave can call a CLA telephone hotline at 0800-085151 for help."
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Re: CLA Reminds Businesses of Paid Leave Obligations

Postby thelostswede » Wed May 30, 2012 12:40

EigerMarcus wrote:There have been a number of questions and such over the last few months about leave entitlements and such. The CLA spoke on the issue of employers denying the same yesterday and noted that employers who fail to provide leave to employees in accordance with the law face fines of up to NT$300,000.

The story is here: http://www.taiwannews.com.tw/etn/news_c ... id=1932843

And it notes that, "Those who find themselves unable to obtain their paid leave can call a CLA telephone hotline at 0800-085151 for help."


Wow... 300k fine... that's like a drop in the ocean for most companies here. The Taiwanese government really need to have a re-think when it comes to these things, as it's barely a threat.
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Re: CLA Reminds Businesses of Paid Leave Obligations

Postby EigerMarcus » Wed May 30, 2012 13:56

As the article notes, violators are typically SMEs - their oceans tend to be a lot smaller ;-)
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Re: CLA Reminds Businesses of Paid Leave Obligations

Postby sandman » Wed May 30, 2012 13:57

Wow... 300k fine... that's like a drop in the ocean for most companies here.

Most companies here employ fewer than 10 people. They're little family businesses. 300K is a LOT of money for those guys. Its make-or-break in many cases.
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Re: CLA Reminds Businesses of Paid Leave Obligations

Postby Lili » Wed May 30, 2012 15:18

Report them and be fired the next day.

Though, if as sandman says 300k is make-or-break, that is a considerable risk the company will probably not want to take.
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Re: CLA Reminds Businesses of Paid Leave Obligations

Postby channamasala » Tue Jul 09, 2013 16:03

This is only true for salaried workers, yes? Folks on hourly or "class contract" pay don't get this protection, I assume, because I've never known an hourly rate English teacher to get paid vacation in Taiwan.
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Re: CLA Reminds Businesses of Paid Leave Obligations

Postby EigerMarcus » Tue Jul 09, 2013 16:16

channamasala wrote:This is only true for salaried workers, yes? Folks on hourly or "class contract" pay don't get this protection, I assume, because I've never known an hourly rate English teacher to get paid vacation in Taiwan.


See here: http://www.taiwaneasytaiwanease.com#46;tw/en/forums/are-buxibans-covered-by-the-labor-standards-act-t6701.html

Generally speaking, the LSA applies to almost all employer-employee relationships in Taiwan subject to a number of exceptions (by profession mostly); and applies to part-time workers. Most or all buxiban teachers should be protected under the LSA unless something has changed recently. Teachers have been making use of it for some years now to protect themselves from unfair practices and contracts.
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Re: CLA Reminds Businesses of Paid Leave Obligations

Postby channamasala » Thu Sep 12, 2013 12:09

So...what you're saying is hourly-rate buxiban teachers are all technically legally afforded *paid* leave, and almost none are getting it?
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Re: CLA Reminds Businesses of Paid Leave Obligations

Postby hokwongwei » Thu Sep 12, 2013 18:06

channamasala wrote:So...what you're saying is hourly-rate buxiban teachers are all technically legally afforded *paid* leave, and almost none are getting it?


That sounds about right. However, I expect that most employers would politely (or impolitely) ask you to shove off, and the CLA likely wouldn't care too much if you reported them.
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Re: CLA Reminds Businesses of Paid Leave Obligations

Postby feiren » Sun Sep 15, 2013 12:22

hokwongwei wrote:
channamasala wrote:So...what you're saying is hourly-rate buxiban teachers are all technically legally afforded *paid* leave, and almost none are getting it?



It's important to understand that Taiwanese labor law does not distinguish between hourly wage workers and salaried workers. So the the paid leave requirement should also apply equally to hourly-rate buxiban teachers. However, the purpose of these laws is to ensure that workers get adequate rest. Buxiban teachers often do not 44 hours weeks and receive relatively high pay. Hence the Buxiban employers may be able to argue that Buxiban teachers are already getting their paid time off. There may be a letter of interpretation on this or perhaps no one has challenged it.

In any event, if you are working in a school 44 hours a week and you have been there for more than one year, you are entitled to paid leave.





That sounds about right. However, I expect that most employers would politely (or impolitely) ask you to shove off, and the CLA likely wouldn't care too much if you reported them.


Employment in Taiwan is not at will. If they tell you to shove off before your contract ends, you can sue for reinstatement and backpay. Unfortunately, they can effectively terminate a foreign employee when her labor contract ends. This gives employers more leverage than they have with Taiwan national employees. The CLA will act if you are terminated before your contract ends. Most experienced employers are probably too smart to do this. And think carefully about involving the CLA. Some have complained that they don't do a good job of preserving confidentiality. It's probably to involve them only after you have left your job (after collecting the evidence you need).
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Re: CLA Reminds Businesses of Paid Leave Obligations

Postby channamasala » Tue Sep 17, 2013 11:51

feiren wrote:
hokwongwei wrote:
channamasala wrote:So...what you're saying is hourly-rate buxiban teachers are all technically legally afforded *paid* leave, and almost none are getting it?



It's important to understand that Taiwanese labor law does not distinguish between hourly wage workers and salaried workers. So the the paid leave requirement should also apply equally to hourly-rate buxiban teachers. However, the purpose of these laws is to ensure that workers get adequate rest. Buxiban teachers often do not 44 hours weeks and receive relatively high pay. Hence the Buxiban employers may be able to argue that Buxiban teachers are already getting their paid time off. There may be a letter of interpretation on this or perhaps no one has challenged it.

In any event, if you are working in a school 44 hours a week and you have been there for more than one year, you are entitled to paid leave.





That sounds about right. However, I expect that most employers would politely (or impolitely) ask you to shove off, and the CLA likely wouldn't care too much if you reported them.


Employment in Taiwan is not at will. If they tell you to shove off before your contract ends, you can sue for reinstatement and backpay. Unfortunately, they can effectively terminate a foreign employee when her labor contract ends. This gives employers more leverage than they have with Taiwan national employees. The CLA will act if you are terminated before your contract ends. Most experienced employers are probably too smart to do this. And think carefully about involving the CLA. Some have complained that they don't do a good job of preserving confidentiality. It's probably to involve them only after you have left your job (after collecting the evidence you need).


Oh, I'm not intending to inform the CLA...I have work coming in from many places and legal private classes (APRC), so I'm basically a 'funemployed' freelancer. At some point that'll turn into a very small consultancy with very specific goals (kind of hard to explain) as a registered business, but not just yet. So it doesn't really matter to me right now that nobody I have a class with gives me paid leave, because I don't really have "a job".

I'm just curious about the law is all.

I do have a contract (just one class, though, which suits me fine) at one place that covers my insurance needs, but has said they won't give me laobao, only jianbao. That's not legal either, and I probably will report them if they don't give me laobao, as I have no incentive to have that contract with them if I don't get what I originally wanted out of the deal.
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