Of Typhoons and Fighting Back: Consumer Rights in Taiwan

Several years ago, I took a series of one-on-one Chinese classes at TLI (Taipei Language Institute), and while my teachers were fine (not particularly trained, but nice people and I did learn from them - mostly I got in some good speaking practice). I didn't continue the course for a few reasons. Because I didn't like that my two hour block was split between two teachers - I liked them both but I really just wanted one teacher so we could progress more. Because I was not allowed to take any classes off and make them up (if I couldn't take a class, it was considered forfeit), but at one point one of my teachers took a few classes off and I got a substitute (again, really hard to progress that way), meaning she could take time off, but not me. Because at one point a teacher just didn't show up and I waited 20 minutes or so before telling TLI, and they got irritated at ME - apparently I should have told them almost immediately so they could find me a quick substitute and not have to do a make-up class (again, how does this help me progress?).

And finally, because one of my classes was postponed due to a typhoon day. When I asked when the make up would be, I was told there would not be one. I asked, then, when I would get my refund as I'd paid for two hours of class (it was an hourly rate) that I would never receive. I was told there would not be one. 

My teachers seemed genuinely surprised that I was upset by this: "but we're teachers, we're guaranteed certain earnings! It's not fair to us to not get paid because there was a typhoon!"

Okay. I mean, office workers and others get that courtesy. You don't have to go in to work but you still get paid. So I understood why they might feel that way, and why the school might back them up.

But this wasn't office work, and it wasn't a course for which you paid tuition for the entire term. This was paid by the hour. As I saw it, I paid for two hours of a service (Chinese class) and as such, I was owed the two hours I'd paid for. Otherwise I'd paid for something I'd never get. It would be like paying a plumber to come to your house on Tuesday, but he's sick that Tuesday, so he takes your money but says he's not coming. Or paying someone to translate your resume into Chinese by September 1st, but they go out of town unexpectedly until September 5th, don't translate your resume and don't return your money. 

As a teacher myself, if there's a typhoon day I don't get paid. I mean, we make up the class. I always get the money eventually. But I don't get it right then, for work performed that day. Is it totally fair? No, but you deal with it because that's what it means to work this kind of job. If it was so important to me I'd go looking for a salaried position, and I notably have not done so.

And my students? If there's a typhoon day, they get a make-up class. I have a student who pays me for ten classes at a time. Last week our Wednesday class (#9) didn't happen because of Typhoon Trami. If I'd then said, "well, #9 was cancelled due to typhoon, next week is #10" she would simply decline to be my student any longer. I teach her privately, but I don't know of any English school that would have any other policy. They'd lose too much business.

Taiwanese learners of English who take one-on-ones don't stand for that sort of bullshit, so why should I? I left TLI, figuring it was one bad experience and I'd just go elsewhere. I still wasn't fond of Shi-da, so after another tumultuous semester there, I decided not to return. I happen to think the most common "methodologies" (if you can call them that) used by teachers at MTC are atrocious, even outright wrong from a language teaching/Applied Linguistics perspective.

It didn't occur to me to complain, because I didn't realize something: typhoon day policies like TLI's are illegal. If you pay for a service by the hour, you are to receive that service or receive a refund. 

So I drifted for awhile, and finally signed up for one-on-one classes at Chinese Culture University. Again I liked my teacher, my class wasn't split in half, she helped me learn some Taiwanese, and I was mostly happy. I was told that in the event of a typhoon, there would be a refund or a make-up. Yay!

About halfway through the course, right after Typhoon Soulik (which did not affect my class), they sent me an e-mail saying that the rules had changed - in Chinese - "for the next term, in the event of a typhoon cancellation, there will be no make-up and no refund" the e-mail said. "I know we promised you this term that you would get a make-up or refund, so if there is a typhoon cancellation, we will help you to make it up. For the next term, however, the new rules will apply. We are sorry for the inconvenience."

So I wrote back (in Chinese, badly), saying "unless this rule is changed there won't be a second term. I've already told you that I lost money from TLI for this reason, and I refuse to accept that this may happen again. If I sign up anyway, your management may feel that this rule is fair and acceptable, but it truly is not. I don't blame you" (the admin who wrote the e-mail - not her fault) - "but I hope you will pass my message on to the boss to let him know that this policy is not fair to students and Chinese Culture University will lose students and revenue as a result. I simply cannot accept it and I am not prepared to negotiate."

She wrote back to say she understood, and would pass on my message. Nothing happened. I posted about it on Facebook - yet another school off my list because I could not abide this policy.  

A few people replied - and I found out that this policy is, in fact, quite illegal. 

I took it up with the government, sending in a complaint (in Chinese, badly), with screenshots of the e-mail I received. They sent me a letter within a week to say they'd received it and, as it was the jurisdiction of the Department of Education (or somesuch) that they'd sent it on to them. I didn't have to do anything. I got a letter from the Education department saying they were looking into it and to sit tight (but in Chinese Bureaucratese, of course). 

Then two weeks pass. Nothing. I begin to worry that CCU has some sort of 'guanxi' or relationships in the government and so they got them to just drop this complaint from a small fry like me. Damn it. I didn't really want to write an editorial or something like that, I just wanted it taken care of. I was assured again that the policy was quite illegal. One friend noted that his school used to have such a policy, but they had to change it to offer make-ups as students complained and the government came down on them.

On the last day of my course, Chinese Culture University gave me a final letter, again in Chinese Bureaucratese. I could barely read it; we read it together as a part of my class (my teacher was well aware that I was complaining and said she agreed with me). It said, after three or so bullshit points (they always do that), that in the case of a typhoon, there will be no refund but I will be able to schedule a make-up. 

Okay. That's fair! 

I haven't signed up with CCU again yet, as I can't really take an evening class right now, but the teacher who teaches Taiwanese is only free after 4:30pm. I want to see how my September schedule might work out before resigning. I couldn't help but note, though, that on my last day I was not handed a feedback form or a sign-up form. I was not contacted at all. It was done, and I couldn't tell if this was just them not providing good follow-up, them just assuming I'd take the initiative, or them thinking I still would not sign up for a new term...or them trying to indirectly tell me that I may have won the fight, but they didn't really want me as a student anymore, so to kindly not return. I have no way of knowing.

I just wanted to share this to let you all know: if you take a Chinese one-on-one class and your school (if you take it through a school) tells you that you won't get a make-up or refund in the event of a typhoon, that it is illegal, that you can complain through official channels, and that you absolutely should.  It's not even that hard to do.

Why they think they can have policies like this is beyond me - the Taiwanese would never stand for it. Do they think foreigners are dumb (I don't think so, but I have to wonder sometimes)? Do they think they can get away with it because there aren't as many Chinese schools as there are English schools, and less competition means they can get away with more crap (see: airlines)? Or do they think this is actually a fair policy (I can't believe they do)?

I don't know the answers to these questions, but I do know this. The state of "getting things done" in Taiwan is not totally broken. Consumer rights exist (although property rights don't seem to) and even if you're just one person you can sometimes get someone to enforce laws that are on your side. DO complain. DO make a fuss. DO stand up for yourself. DON'T let them steal your money.

Not Fluent, Stop Asking

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It's been 5 1/2 years. 5 1/2 years of learning Chinese - with some extended breaks, but make no mistake, I learned on those breaks, too. I suppose you could count that tortured year in China in 2002 when I taught myself basic survival Chinese, but looking back, I have to wonder. I feel now as though I knew nothing then. At this point, especially as it's clear that I do speak Chinese, although not perfectly, I get a lot of people asking me "You must be fluent, huh. What's that like?" or "So, are you fluent?"

I never know how to answer them. Am I fluent? I personally would say "no", but I don't really know because I don't know what "fluent" means in real terms. Am I fluent in that I can go an entire day and speak/read/write/hear nothing but Chinese with no problem? Yes. Am I fluent in that I can read, I dunno, Confucius? Hell to the NO. Am I fluent in that I don't make mistakes? Of course not.

After five years of mostly self-study, should I be? I don't know. I'd certainly speak at a "higher level" if I'd continued to study hard and attend Shi-da, but I met plenty of people at Shi-da at my level or above who were too nervous or just not, ahem, "fluent" enough to get sentences out that come easily to me, so I don't know.

So, let's explore this whole "fluency" thing.

The idea that "fluency" in a foreign language isn't something that can be measured easily, nor are the metrics to determine it agreed on by any stretch has been pretty well covered online and in the many conversations serious language learners have with each other.

There are some who believe that you're only fluent if you can communicate flawlessly - think on the level of interpreters or native speakers of more than one language. There are others who feel that if you can converse and basically communicate what you need to and get by in day-to-day life vis-a-vis spoken and written communication, even if you make mistakes, then that means you're fluent. Still others have what I view as a warped idea that if you're able to read, write, analyze, do research in and know the classical background of a language, than regardless of how well your speaking of that language flows, then that means you're fluent. A teacher at Shi-da's Mandarin Training Center once told me that if you complete all five books in their series and do fairly well, then you count as "fluent".

Well, let me tell you, I'm on the last book - Book 5 (I never took the class for it, but I own it and have flipped through it and there is a lot that I already know, plus a few things I need to learn) - and I don't feel as close to this "fluency" thing as this teacher confidently asserted I should.

By the first definition, I will never be fluent in Chinese. I can study and study, but I'm never going to reach a point where I speak it, ahem, flawlessly - but then, what does "flawlessly" even mean? Some snob in Beijing might listen to a perfectly fluent native speaker of Chinese from Taipei and proclaim that her Chinese is not "flawless". I might be able someday to interpret Chinese into English, but probably never the other way around. I'll always have a "different", non-native sounding way of speaking it. 

But then, by this definition students of mine who speak far better English than I do Chinese - who have done Master's and even PhD degrees abroad - are not "fluent" because they still make mistakes. I have a friend who got an Master's in the USA and still forgets to put verbs in the past tense occasionally. I have a student - a psychiatrist - who got her PhD at Cambridge and who still makes occasional mistakes or says things in a clearly non-native way or  using awkward grammar, and who doesn't always know just the right adjective or noun for specialized words ("incomprehensible" was on her vocabulary review list recently). With the grammar mistakes she makes - never big, always at a high level, but still noticeable - many language assessment ratings wouldn't put her at an advanced level; she's currently placed in high intermediate (although I teach her as though she's advanced).

But dude, she got her PhD at Cambridge. Can you really say she's "not fluent"?

I have plenty of students who score, in terms of vocabulary range and grammar knowledge, in the mid-intermediates. I'd say it's the biggest group of learners I encounter, and that there are barriers in language learning that keep many language learners at that level. Here's the thing - they make mistakes. They use prepositions of time all wrong, and forget all sorts of tenses and other bits of speech - like conditionals and reported speech - come out a bit wonky (although generally their point is clear). But they can get by just fine. They can handle - and often have handled - life in an English speaking country just fine (although they all claim it's a struggle - well, duh. Sometimes communicating in Chinese in Taipei is a struggle for me. I don't think that ever goes away). They can converse, they can make themselves clear, they can understand spoken English face-to-face. At times it's hard for me to judge how much their understanding is based on grading of my speech, because I now grade my speech almost subconsciously. I would guess that rapid English from one native speaker to another, if it were two people conversing, would be generally understandable but more challenging, with some missed meaning in idioms and nuance. They can generally read just about anything at a higher level than I can read Chinese, but that's hardly surprising. Anyone learning Chinese as a second language feels my pain, my beautiful torment! Other than in obvious spoken mistakes - which rarely obscure meaning - the only time one might question the fluency of these students of mine is in watching television or movies or trying to discern song lyrics.

Which, you know, is just about where I'm at. There are some differences: I tend to know a lot more Chinese slang and idiomatic speech than my students know in English (although they constantly surprise me: once I was discussing "charisma" in political leaders with a student and mentioned Bill Clinton. "Even after the Republicans tried to push him out of office..." Student: "Oh, I know! Because of a blowjob!"...as I produce a fountain of spurting coffee from my nose). I can understand bits of casual conversation between native speakers more easily. I can produce Chinese without having to translate from English in my head. If someone speaks to me in Chinese, Chinese comes out of my mouth in reply without a second thought. This isn't surprising, given that I'm learning on my own in an immersion environment and pick up most of my Chinese from friends. 

They tend to know higher level / business / professional language and read far better than I can - again, not surprising as English is, I believe, easier to read than Chinese and they use their English skills for work, not socializing. It still stuns me how few of my Taiwanese friends have other foreign friends besides me - although some certainly do, and how rarely I come across a student who answers in the affirmative when I ask if they have foreign friends. Colleagues, business partners, acquaintances, yes - friends? Not really.

So, I need to work on more formal Chinese and business Chinese (and reading/writing!) and they need to work on more casual, quick, no-head-translations-please English with a wider range of vocabulary.

But, generally speaking, I can live my life in Chinese without much problem. I can call repairmen, go to B&Q, order food (even foreign food), talk about all sorts of topics from economics to geography to religion to media to history to basic office matters and more (I remain weak in sports, but even in English I don't care about sports). I haven't tried yet but I suspect I could pull off a job interview in Chinese, albeit with mistakes. I can more or less follow the news, although I know I miss a great deal of nuance and pick up a lot from the accompanying visuals. I can do an informal business presentation in Chinese (and have) and can follow other presentations. I can participate in and head a Q&A session in Chinese (and have). I can't read that well when it comes to newspapers or books but I can and do interact with friends on Facebook in Chinese - including fairly meaty posts and messages. I can type just fine but my writing is...well, I can fill out forms and write short notes and postcards by hand, but not much more. I'd feel bad about this, but I have plenty of students who routinely forget how to write even basic characters by hand. I feel ever so vanquished when one student turns to another and asks, "how do you write putao (grape) in Chinese?") THANK YOU.

I know where this places me, and my various students, on the scale of typical "levels" in any given language, but where does it put us in terms of fluency - which I have come to believe is a separate thing?

I don't know. I know that, no matter what Shi-da says, I'm not as close to my ideal of fluent as their system implies. I know that, while my students make intermediate-level mistakes, that while they may not believe it's true, I know that they can get along in an English-speaking environment. 

I personally believe that I'll feel "fluent" when I can turn on the news, move away from the TV and do something else, and still understand in a fair amount of detail what's going on without having to look at the visuals. The other day I had to get a knife refurbished as it had developed a bit of rust (and it was a very expensive knife) -  I could explain that my knife had a problem - here, take a look! - and could you please fix it, but the word "rust" eluded me. When I came to this cafe earlier, I told them that I did not want a particular seat as my backpack would  jut out into the hallway and people could trip over it. I managed to make myself clear, but fairly awkwardly and certainly with a few mistakes. When I can get through exchanges like these with total confidence - even if there are a few mistakes - I'll feel fluent. When I can look at a menu of foreign food and read off my selection perfectly - not nearly perfectly except for that one character I don't know, dammit! What IS that? Oh but they know what I mean - I'll feel fluent. When I can read a blog post clearly or get the gist of a newspaper article in greater detail (I can get the gist now, but basically detail-free), I'll feel fluent. When the number of workarounds I need to make a point clear are diminished considerably - and it becomes a tool I employ rarely rather than fairly often - I'll feel fluent.

When will that be? I don't know. I work towards it, but I do it in my own rambling way.

Do I ever aspire to speak flawlessly? No. I have no aspirations toward interpreting English into Chinese for official purposes, and I have no aspirations to academia in Chinese. Cool as it would sound - yeah, well, I'm totally a professor of Chinese, so there! - I know that's not the path for me. My relationship with the language has always been more street-level, more everyday, less academic. I *heart* academia, but as an abstract, not as a career goal. At heart I'm a traveler and a networker, an adventure-seeker and an organic learner. I am not a researcher and not someone who believes you can put the strictures on language that so many academics would like to put on it. 

 

Do I aspire to speak more comfortably? Yes. I'm not sure if, after five and a half years, I've missed some benchmark that I could have hit if I'd only studied harder, or if my organic "it happens when it happens and I am learning" approach has done me more good.

I just don't know, but it's all worth thinking about.

So if you, too, are not fluent and wish people would stop asking as though fluent were a concept whose metrics everyone agreed on or as though there was a benchmark, rather than a scale, of fluency -  don't beat yourself up. You're not alone. I'm here, too!