Think again and you win.
1. Underreporting salaries to reduce employees’ labor and health insurance premiums
The statutory minimum wage is deposited into employees’ salary accounts,
with the remaining wages then paid in cash.
They openly use the minimum wage as the basis for calculating employees’ labor and health insurance premiums.
2. Underreporting salaries to reduce the required 6% labor pension contribution
The statutory minimum wage is deposited into employees’ salary accounts,
with the remaining wages then paid in cash.
They brazenly use the minimum wage as the basis for calculating employees’ 6% pension contributions.
3. Absolutely no overtime pay
They make it clear from the outset that overtime will not be paid.
They brazenly violate the Labor Standards Act.
If you don’t like it, don’t work here.
4. Excessive working hours
The daily 30-minute meal break is merely nominal.
There is often no time to eat, while employees must continue handling work-related matters.
Employees are often required to visit schools (distribute promotional flyers) or attend meetings outside working hours or before work.
Both meetings and school visits take considerable time.
There are also other temporary tasks to handle.
Employees must use their own time for all of these activities—
that is, their non-working hours.
None of this time is recorded,
so naturally no overtime pay needs to be provided.
5. Wages withheld in advance for the first three months
For new employees who have just joined,
NT$5,000 is withheld from their wages for each of the first three months (NT$15,000 in total).
It is paid only when the contract is signed after the three-month period.
If you leave within the first three months,
the withheld money will not be returned.
6. Payslips
When wages are paid each month,
the company does not provide employees with payslips.
They only ask you to sign and then take the document away.
Even if you ask your supervisor to provide the payslip,
they will say, “The director said this cannot be given to you.”
It cannot be given, so it cannot be given.
They simply refuse to provide it.
7. Employment contracts
When an employment contract is signed, it should originally be prepared in two copies.
But this company has its own way of doing things.
After the employee signs, they take it away
without leaving a copy for the employee to keep.
They refuse to give you one, just the same.
8. Non-compete clause
After leaving the company, employees are still required to sign a non-compete agreement.
As mentioned above, they do not give employees a copy to keep after it is signed.
They take it back as soon as it has been signed.
Nor is any legally mandated reasonable compensation provided.
If you refuse to sign,
your salary for the month before leaving will be... “temporarily withheld.”
What a clever move.
Article 9-1 of the Labor Standards Act
An employer may not enter into a post-employment non-compete agreement with a worker unless all of the following requirements are met:
1. The employer has legitimate business interests that require protection.
2. The worker’s position or duties enable them to access or use the employer’s trade secrets.
3. The duration, geographic area, scope of occupational activities, and prospective employers covered by the non-compete do not exceed a reasonable scope.
4. The employer provides reasonable compensation for the losses suffered by the worker as a result of not engaging in competing activities.
The reasonable compensation referred to in Subparagraph 4 of the preceding paragraph does not include payments received by the worker during the period of employment.
An agreement that violates any of the subparagraphs in Paragraph 1 is void.
A post-employment non-compete period may not exceed two years. Any period exceeding two years shall be reduced to two years.
To be continued
I. Overtime pay
The supervisor stated that there would be no overtime pay.
The company does not provide overtime pay during overtime periods.
Based on clock-in/out records,
I frequently worked outside the regular working hours agreed upon with the employer,
but was not additionally paid overtime.
In addition, the employer or supervisor would sometimes require employees
to work outside regular working hours (distributing flyers, recruiting students, etc.).
Afterward, no compensatory time off or overtime pay was provided.
II. Employment contract and pay slips
The company and I signed an employment contract.
I wanted to obtain a copy of the employment contract for my records
to avoid any related disputes in the future.
However, the supervisor told me
that the employment contract could not be given to me.
I instinctively thought that an employment contract should be made in duplicate,
so I asked, “Why?”
The supervisor replied, “The boss said employees cannot take it home.”
In addition,
employees were also not allowed to keep their own pay slips.
The supervisor told me:
The contents of the pay slips
could be asked about and copied,
but they could not be taken home.
The supervisor said this was also instructed by the boss.
Note: After 2017,
new amendments to the Labor Standards Act came into effect.
I do not know whether this has changed by now.
III. Salary payment
The company had a special rule regarding salary payments.
Salary was paid separately as the base salary and the difference between the salary and the base salary.
For example:
My salary was NT$28,000.
The company would transfer NT$20,008 (the base salary)
into my salary deposit account.
The remaining NT$7,992 (NT$28,000 − NT$20,008),
after deductions for labor and health insurance and other items
(I have also forgotten exactly what was deducted, because I was never given a pay slip),
was then paid to employees in cash.
IV. Salary withheld from new employees
The company had another rule concerning new employees’ salaries.
The probationary period for new employees was three months.
During these three months,
NT$5,000 would first be withheld from their salary
and paid all at once on the payday of the fourth month.
For example:
If my salary was NT$28,000,
the salary I received in the first month was NT$23,000 (NT$28,000 − NT$5,000)
(and it was withdrawn partly through salary transfer and partly in cash).
The salary received in the fourth month would be
NT$28,000 + (NT$5,000 × 3) = NT$43,000.
However, new employees who resigned within the three-month period
could not receive the NT$5,000 that had been withheld.
For example:
A new employee who resigned in the second month
could not receive the NT$10,000 withheld from their salary.
It seems that someone really did resign during this period, and the money was actually withheld and could not be recovered.
V. Break time
Basically, there was 30 minutes of break time per day,
but employees had to find time for this 30-minute break themselves.
Moreover, there was no free time throughout the day.
Even meals had to be eaten while doing other tasks.
The 30-minute break effectively existed only on paper.
VI. End of the workday
Usually, employees could clock out and leave at 10:00 p.m.
However, other colleagues were usually still there
because they had not finished their work,
so leaving on time was impossible.
There was also a rotating duty shift,
namely, closing up after the other colleagues had left the office.
This usually did not end until around 10:30–11:00 p.m.
Sometimes, if the work could not be finished, employees were also required to come to the company early to handle it.
However, none of these additional working hours came with overtime pay.
Apparently, it was simply our own fault for lacking competitiveness and not finishing the work, haha. ㄎㄎ