Tuesday, March 6, 2018

If you're a foreign working woman in Taiwan planning to have kids, you're probably going to get screwed

I'll be expanding this more in the coming weeks, but I feel like I need to say something now, however short and underdeveloped.

If you are a foreign woman working in Taiwan, and you are intending to have children here, there is a very high possibility that you're not only going to get screwed by your employer, but that it's already happening.

A huge percentage of foreign workers here - even the "foreign professionals" - work jobs that pay an hourly rate. The vast majority of these jobs are cram school/buxiban jobs (some of which pay a salary, but many/most don't.) (Most of these jobs are not remotely professional, even though they ought to be, and are poorly paid by real professional standards, but that's a different discussion.)

We're already getting screwed out of benefits we're meant to have, such as paid typhoon days and national holidays. Employers - private language schools, mostly - just don't provide them, and good luck leaving and finding another job that does.

Well, here's another benefit workers - even foreign workers on hourly pay - are meant to have: paid maternity leave. Your employer is meant to calculate your estimated hourly pay during your absence and, well, pay you that.

But how much you get paid for maternity leave depends partly on how long you've been employed there, and partly on labor insurance, or 勞保. To get the paid maternity leave benefit, you must be signed up for labor insurance.

And most private language schools that employ foreign teachers never do this.

I have heard varying accounts of whether labor insurance is required by law for foreign employees. Notably, however, it is absolutely not true that an employer can choose not to offer it. An employer telling you "we don't offer labor insurance", and then insisting they don't have to, even if you want it, is lying to you. They typically try to evade the issue by simply not telling you it's an option, hoping you'll never find out that if you ask for it, by law they have to register you.

If you do ask...well, results vary. I typically say good things about my various employers, save one really bad experience I had. They've been, for the most part, a cut above the typical clown academy here in Taiwan. But I'm going to go ahead and say a few critical words now:

At one school where I taught exam prep classes (I've since left for unrelated reasons), I was first ignored when I asked about labor insurance, then told they "don't offer it". I replied that they had no choice, they ignored me again. I said that if I was not signed up for it, I would report this issue to the government. I didn't particularly want to report anything to anyone, but I kept getting stonewalled when trying to access my rights. Then they acted as though this made me the "problem" or "high-maintenance" employee (it didn't - I just wanted what I was legally entitled to and kinder, more private entreaties were ignored.) I got my labor insurance. Others are not so lucky - I can handle being unfairly thought of as "difficult", because at least I won, but not everyone wins.

The problem is, most foreigners either don't know they are entitled to this, think it's something the company can "offer" rather than something that cannot be denied them, or don't realize that it matters. So most working foreign women here have a safety net they don't necessarily even realize they ought to have.

So if you're a foreign woman here, and you decide to pop out a screamer, whether or not you get paid maternity leave - which you are entitled to by law even if you are on an hourly wage - depends entirely on whether or not you signed up for labor insurance. If you didn't sign up, no paid vagina-healin', baby-wranglin' time for you. If you let the issue slide when your employer refused to sign you up, same deal. You just got screwed.

What's worse is that even if you are signed up for labor insurance, a huge number of schools underreport income (my former exam prep institute employer sure did). You might think this isn't a big deal, that "that's how it is here", but your labor insurance is based on your reported income, so if you get pregnant and take maternity leave, the pay you are entitled to matches the craptastic income that's been reported for you, not what you actually earned.

I have also heard stories of schools being reluctant to grant maternity leave even if their employees have labor insurance, although that hurdle can often be gotten over if you are willing to call (or threaten to call) some relevant authorities. They might try to screw you in other ways, though (e.g. extending your probation for vague reasons that don't quite make sense to justify paying you less).

Of course, Taiwanese women face massive issues accessing maternity leave too, something that seems to be rarely written about. Most of what I see in English consists of lavish praise of Taiwan's maternity leave policies - and at least compared to the USA (which is a legitimate horror show in this regard) - which rarely includes the uncomfortable truth that, while employers can't exactly deny their employees this leave, they can and do pressure them to take as little of it as possible and find other passive-aggressive ways to punish female employees who don't comply. Plenty of Taiwanese women don't feel they can access their full legally-entitled maternity leave either.

There is a difference, though: Taiwanese women know this is a problem. They are at least aware of what they are supposed to be getting. There is a foundation there for fighting back.

Foreign women in Taiwan? They may not even realize they're getting screwed. But chances are, they are.

3 comments:

Moni said...

Good to know, thank you for this article!

David Stig Hansen said...

some of this applies to men too

Jenna Cody said...

Oh for sure. The key differences are, I support better paternity leave in Taiwan, but that would take lobbying for a change in the law. Which I really want to see happen. But, the benefits I'm talking about are available *now*, yet a lot of foreign women don't even know they have them, let alone have access to them. And secondly, obviously there are physical differences in how new moms deal with having had a baby, and how new dads do so. But broadly, yes, I agree.