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Penalty for working a second job illegally

 
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JZer



Joined: 16 Jan 2005
Posts: 3898
Location: Pittsburgh

PostPosted: Sat Jan 29, 2005 5:52 pm    Post subject: Penalty for working a second job illegally Reply with quote

Could someone tell me what happens to you if you have an ARC but get caught working a second job illegally?

What if it is a kindergaten job? Will you get deported or will your employer likely just pay the government off since he is breaking the law as well? I am curious to know what everyone's experience in these regards has been!!!
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clark.w.griswald



Joined: 06 Dec 2004
Posts: 2056

PostPosted: Sun Jan 30, 2005 1:42 am    Post subject: Reply with quote

The following answer applies to people with an ARC to teach, working at a kindergarten or taking a second job off the books. It does not apply to people who are working illegally without an ARC or appropriate visa.

JZer I have followed this one carefully over the years and therefore I can answer you with some certainty. Of course every persons experiences may be somewhat different but overall you should find the following to be true.

First of all you need to ignore the claims that people get deported all the time for working second jobs and working in kindergartens. This just doesn't seem to be true. The people who claim this do so on heresay, or possibly because they have an agenda. The fact is that I have never heard a first hand account (or even a legitimate second hand account) of anyone being deported for this.

So, can you be deported for working an illegal second job or working in a kindergarten? - Legally, yes.

Do you people get deported for working an illegal second job or working in a kindergarten? - In practice, never, or possibly extremely rarely.

This is conditional upon you having an ARC to work here, but just with another company.

So what happens when you caught working a second job, or working in a kindergarten. Going from individual peoples accounts, in the worst cases the police take you down to the station and make you sign a letter of wrongdoing. You may then be fined (although the fine seems to be rather minor and not levied often), and then freed and asked to find a legal job. It is highly likely that your employer is fined for employing you. In some cases teachers caught in these situations just receive a warning.

It seems to me that the authorities realize that we are just trying to make a living and that the school is the one that largely benefits from the foreign teacher working illegally. Provided that you have an ARC (this shows that you have the right to teach and the correct visa to do so) they will most likely cut you some slack.

Having said that, you would need to consider for yourself whether it is worth the trouble. Although the above all holds true, there is nothing to stop a cop like Peter Chen in Taidong from pushing the letter of the law and having you fined and deported.
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JZer



Joined: 16 Jan 2005
Posts: 3898
Location: Pittsburgh

PostPosted: Mon Jan 31, 2005 12:16 pm    Post subject: Reply with quote

Thanks for the info!!! I appreciate it.
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Aristotle



Joined: 16 Jan 2003
Posts: 1388
Location: Taiwan

PostPosted: Sun Feb 06, 2005 5:57 pm    Post subject: Reply with quote

Apparently there is way to put a second employer under your ARC.
The exact procedures for this are unknown and I presume it requires quanxi and/or cash to get it done.
Nearly all the teachers deported last year had an ARC issued through a third party.
Be careful.
A.


Last edited by Aristotle on Tue Feb 08, 2005 9:27 am; edited 1 time in total
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clark.w.griswald



Joined: 06 Dec 2004
Posts: 2056

PostPosted: Mon Feb 07, 2005 2:06 am    Post subject: Reply with quote

Aristotle wrote:
The exact procedures for this are unknown and I presume it requires quanxi and/or cash to get it done.
Nearly all the teachers deported last year had an ARC issued through a third party.


Yes you do a lot of 'presuming' don't you. Too bad you can't pick up a book and actually learn about the stuff that you posts here about.

The procedures in getting a second employer added to your ARC are easy and straight forward. They are not too much different from the application for the original ARC. There is no guanxi (not quanxi) involved, nor do you need to pay anything other than the application fees.

The biggest problem at present is the fact that the government has failed to really educate employers about these changes. Many employers remain unaware of the fact that we can add a second employer, but then again maybe that is a good thing.

The issue of deported teachers is something that you bring up all the time, but have never supported with any evidence of any kind. To the best of my knowledge, no teacher has ever been deported for working a second job, when that teacher had a valid resident visa and ARC for work purposes through another employer. The teachers who get deported are the ones that work without an ARC or the ones that overstay their visas.

The legislation surrounding this issue is clearly against the employer in these cases. The maximum fine for a teacher working a second job illegally is only one third of the fine levied on the school for employing the teacher illegally.
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Aristotle



Joined: 16 Jan 2003
Posts: 1388
Location: Taiwan

PostPosted: Tue Feb 08, 2005 9:33 am    Post subject: Reply with quote

Quote:
The procedures in getting a second employer added to your ARC are easy and straight forward.


Many policies pertaining to foreigners are implemented on Taiwan at the discretion of the issuing authority, thus they don't publish the procedures.
This question has been asked many times and no clear consensus has been reached.
Quote:
The legislation surrounding this issue is clearly against the employer in these cases. The maximum fine for a teacher working a second job illegally is only one third of the fine levied on the school for employing the teacher illegally.

Can you post a link?
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clark.w.griswald



Joined: 06 Dec 2004
Posts: 2056

PostPosted: Wed Feb 09, 2005 9:47 am    Post subject: Reply with quote

Aristotle wrote:
Can you post a link?


I've posted it before and here it is again.

http://www.buxiban.com/Legislation.asp?cde=1
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