holding a school to a contract?

 I have a friend who is wanting his school to pay him for the 80 hours they promised him as his minimum working hours every month but they are only giving him like 50 ish. This has been happening for several months and the boss is just not being cooperative. Is a school legally bound to there "min hour promised"  that they wrote out? 

Also, it states if he quits he must pay $20 000. Is this legal? He did a 2 week training thing but?

please post any help or numbers to the labour board or anything else that might help.

Cheers

AL

 

 

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McLovin's picture

Hi Al As far as I know the

Hi Al

As far as I know the school must oblige by the written contract.  I know for my school that quitting is allowed provided you give one month's advance notice.

If I quit on the spot then I am required to pay a certain amount of $$$$.  Typically one month's salary.  If they fire me then they are required to pay me one month's salary.

Remember that a promise is just a promise.  Get things in writing and have them also provide you with a copy for your personal future reference.  It's better to be safe than sorry. 

Mclovin 

robert's picture

Going to court over a 20

Going to court over a 20 hour pay seems like a real hassle. It's tough to make the call with the details given here.

If your friend can prove that they guaranteed him those hours, he might have a case though. I think it comes down to how each side discusses the issue though. If he handles it diplomatically, he might be able to squeeze a few thousand NT out of the boss.

Is the boss trying to keep him from taking other jobs? If so, that's another angle he could use.

If he's worked there for several months, I hope there's some goodwill that he can bank on.

You can also call foreign affairs at 222-9704. Very helpful and friendly. Good luck and let us know what's up, will ya?

Jazz's picture

It is not a little matter.

It is not a little matter. Say 25 hours a month at say 600 per hour. That is 15,000 per month. Then, you multiply this to the length of the contract. That is 180,000 dollars. You are talking quite a bit of money and is seems like a classic bait and switch. Offer one thing and then provide another. IMO the school needs to pay, and he will have a case since it is in his contract. Get ready for another job though if it goes to court or not. This means you aren't cooperative and will be fired undoubtedly.

I've had a couple of

I've had a couple of contract disputes like this and in my experience the boss will always win. Check the contract wording, and if there's no mention of the 80 hour guarantee then there's nothing you can do. Similarly, if the contract states a 20 grand penalty, you'll have to pay it, unless there is a clause saying something like 'unless sufficient notice is given'.

One thing you can do is quit without giving any notice at all. If you have to pay 20 grand regardless of how much notice you give, then i say you screw your boss for being a dick about it and breaking promises and tell him if he's not happy he can take you to court over it. According to articles on TEALIT.com, the Taiwanese authorities 'take a dim view' of this kind of thing, making it unlikely the boss will bother.

Jazz's picture

There is one thing to learn

There is one thing to learn for sure, and that is if it is legal for them to withhold that money for quitting whether it is in the contract or not. My old school tried to force me to be 10 minutes or more early without pay and fine me 100 NT if I wasn't. I got in touch with the labor bureau and in no uncertain words they told me it was illegal and for me to tell them the name of the school so they could force them to stop.

Just because it is in your contract doesn't mean it is legal...

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