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Blair Zettl
Joined: 20 May 2005 Posts: 4 Location: Canada/Taiwan
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Posted: Mon May 23, 2005 1:24 pm Post subject: B.eds in public schools - again |
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The only site to which Clark w.Griswald (Chevy Chase in National Lampoons Christmas Vacation?) refers is a recruiting/advertizing site itself - I get spam from them all the time with names of teachers. Buxiban.com is owned by and Australian by the name of Simon Cunningham. Does this name sound familiar Mr. Griswald? One must consider the possibility that not every relevant law in Taiwan is posted here.
If you would like to check out some legalities I suggest working through the maze at www.gio.com.tw It has some good info. This is first-hand. I also know there is more info/ laws in Taiwan on the net posted by the government here. The site seems to be having a little trouble today...
Regarding the trust issue, I accept that I am not well-known in the international recruiting industry. So I have to make a point. We are not talking about the existence of Mr. Snuffulufagus (sp?). I am being challenged on the existence of LEGAL city or municipal programs. They offer positions to any of the usual six countries. These are the operating programs, (and Dave, I'm not recruiting), the city of Hsin Chu has the oldest program which started 4 years ago. This operates in the first style I mentioned - managment company (bushiban) holding ARCs. In the past there have been 3 companies issued this contract in the past and this year it was awarded to a new company(with whom I have no working agreement or plan to do so). This remains the largest city/municipal run program in Taiwan with about 65 teachers. It is highly visible. Taichung has a smaller pilot program with 16(?) teachers. This contract was awarded in late Jan., or early Feb. of this year and the teachers began in March. I am less familiar with this program, I don't know whether the ARCs are actually held by one of the schools which oversees the management company or the management company which manages the project (Bureaucracy!). As of September Taoyuan will have a program with 15 teachers. 2 of these will be in the city and 13 in the countryside (somewhat contrary to what they first announced.) Tainan and Taitung also would like to have city programs but haven't made an official announcemnt as far as I have heard. They were talking about five each.
To be clear, the Ministry of Education oversees these programs. ARCs, visa and all the legal paperwork is provided for the teachers. Other foreign teachers may confirm that lesson plans are required to prepared and left at the schools for future reference by MOE officials.
Foreign teachers are observed in their classrooms by local education officials at least once per semester.
How does it all happen in public view if it is not legal? So don't take on me, take on the cities above and tell them their programs are illegal. I'm sure they'll be happy to chat with you. In the meantime, B.Eds already working in these programs and former teachers, including non-B.Eds can assure you that you can work legally within these city-run programs.
Website for reference
national site:
www.gio.com.tw
Hsin Chu City Site:
http://www.eb.hc.edu.tw/english/
1. Education Reform Policies-an impetus for the modernization of education:
(1) Push forward with the "Educational Innovations of 1-9 Educational Curriculums" policy.
(2) Move forward with the implementation of the city's comprehensive elementary English education program, and promote instruction quality through the cooperation of local and foreign teachers. |
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clark.w.griswald
Joined: 06 Dec 2004 Posts: 2056
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Posted: Mon May 23, 2005 6:00 pm Post subject: |
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Firstly, I think that you really need to clarify your terminology as it is really quite alien to the majority of users of this forum. What do you mean by �management company� and how does a management company differ from a buxiban and a recruiter?
| Blair Zettl wrote: |
| In response to Clarke's last post, I am not a Taiwanese lawyer. |
Neither am I and nor does one need to be. The reading and understanding of legislation does not require one to be a lawyer. The information that I posted is pretty clear to all but those with a vested interest in attempting to ignore the laws and regulations that apply to them.
Just so that you know Blair, I will continue to pursue this matter here as long as you continue to post here. Whether you agree with me or not, you are recruiting and placing teachers in illegal positions here in Taiwan, and it is apparent from your posts here that you try to overwhelm them with information in order to hide this fact. I am willing to accept that you weren�t actually aware of the fact that you were operating and employing people illegally (even though you should have made it your responsibility to know this) but if you continue to recruit teachers in this manner from this point forward then you are doing so in the full knowledge that the teachers you place will be working here illegally.
| Blair Zettl wrote: |
| In Taiwan, I take legal advise from nationals I work with in legal businesses who in turn work with lawyers regularly to operate their legal businesses. |
Why would you rely on the advice of others when there are perfectly legitimate channels through which you can obtain this information first hand yourself? In my mind it seems pretty irresponsible to be stating the interpretation of a third party as being fact, particularly when this third party has a vested interest in having you believe one thing, just as you have a vested interest in trying to convince your clients that they are working legally despite the fact that the law of Taiwan says otherwise.
If indeed what you have written here is what one of these third parties told you then I would suggest that it would be in your best interests, and most definitely in the interests of your clients to confirm everything they have told you with the CLA in Taipei. Only then can you really be sure that you are not merely the foreign puppet of those management companies.
| Blair Zettl wrote: |
| Just as in Canada I hire a lawyer to help with the legalities of running a business there. |
I am not sure how long you would be in business if you chose to remain totally ignorant of even the most basic of laws pertinent to your business, as you had a lawyer to deal with it.
The biggest problem that I have with all of this is that it is not you who is in the most vulnerable position legally, but instead the teachers that you place. I tell you something, if I were a teacher that was placed by proefl.com I would be pulling out my ARC and checking if the name of the employer on the ARC is the same as the name of the school that you are working at. If it isn�t then I suggest that you by-pass the crappy information that you are being fed and go straight to the source � the CLA in Taipei. Ask them about the legalities of your situation.
| Blair Zettl wrote: |
| he information I provide is based on years of PRACTICAL experience working WITHIN the public system via the channel I have outlined above. |
Yes we know Blair. You base your opinions on your three years of practical experience, and the opinions of the management companies that have you recruit for them and the bias that this brings.
I on the other hand base my opinions on my decade of experience here, my extensive reading of the relevant legislation (both English and Chinese versions), and my meetings and discussions with management level staff of the major government departments that deal with foreigners in Taiwan.
Who is the more credible source on this matter? Not to mention the fact that your whole business hinges on you proving your point here, while I have absolutely nothing to benefit from proving you wrong except for knowing that I may possibly have helped a newbie teacher who was about to make a very big mistake.
| Blair Zettl wrote: |
| Teacher (B.Eds.) who have hung on this long through the post, be assured, you will have legal status if you are teaching at a public school as long as you ensure your your paperwork is processed correctly. |
For this statement to have any value you really need to back this up with more information complete with sources. What exactly do you mean by �paperwork processed correctly�? There is only one way for your paperwork to be processed correctly and that is per the information I posted earlier. Work permit from the CLA, Resident Visa from BOFA, and ARC from the FAP � all of which will be in the name of the employer that you are legally allowed to work for. If the process you are referring to varies from this then I suggest that you lay it out clearly.
| Blair Zettl wrote: |
| The legal information Clarke has provided may be accurate in terms of employment, (note the disclaimer) but it does not cover the entire legal framework of operating a bushiban and its legal activities. |
Well, as the topic of this thread is largely the question as to whether or not the teachers you recruit are legally employed here in Taiwan, then I will take your statement above of agreement that my point of view is correct and supported by the legislation. Therefore, foreign teachers are not permitted to work within government schools, and any teacher working in a government school with an ARC issued by a third party is working illegally.
Now, are you going to notify the teachers you have placed about this. Surely that is the responsible thing to do. This will give these teachers the opportunity to leave the country before they are caught and deported.
As far as the not covering the �entire legal framework of operating a buxiban�, well so what. This is irrelevant to our discussion. If on the other hand you have some legal source on this matter that states that buxibans can employ foreign teachers and sell or rent these teachers out legally to other schools then I would like to see this.
| Blair Zettl wrote: |
| The management companies with which I work are actually bushibans with legal status thereof, not recruiting agencies as Clarke has surmised above. |
What these companies call themselves has no relevance at all to the status of the teachers that you are placing. The fact remains, a foreign teacher is only legally permitted to work for the company stated on their ARC, if these management companies or buxibans that you are referring to are supplying teachers with ARC�s to work in the government schools that you recruit for then you are working illegally, they are acting illegally, and most unfortunate of all the teachers are working illegally. The most important consideration of all of this is that these companies and yourself choose to act illegally, while the teachers are misled into accepting positions which are illegal.
| Blair Zettl wrote: |
| Currently, the provision of teachers for public schools via the management companies which I refer happens in cities and municipalities with the full authority of the national government in Taiwan. |
Please provide a single source that shows this to be fact. English or Chinese � I will translate the relevant parts of any Chinese document you post, so that we can all benefit from this information.
| Blair Zettl wrote: |
| From what you had written originally, it is apparent that you are unaware of these programs which currently exist, which, as I also mentioned, are separate from the MOE programs to which you refer. |
And for the third time I reiterate my ignorance of these programs as they have no relevance to anyone outside of these isolated areas, and as they cannot and do not override national legislation, they also have no relevance to the foreign teachers you recruit either.
| Blair Zettl wrote: |
| They have involved extensive negotiation between local and national government(s). |
Again, please provide a single source that shows this to be fact. English or Chinese � I will translate the relevant parts of any Chinese document you post, so that we can all benefit from this information.
| Blair Zettl wrote: |
| We are not privy to all such negotiations, but in the end these contracts between local governments and management companies operate fully within the bounds of national law. |
Again, please provide a single source that shows this to be fact. English or Chinese � I will translate the relevant parts of any Chinese document you post, so that we can all benefit from this information.
| Blair Zettl wrote: |
| This is evidenced by the fact that the national government issues a quota of up to 65 ARCs for one such management company (bushiban) within one city, operating as one bushiban in one location. |
Firstly, again you are using the incorrect terminology which leads to confusion and is blatantly misleading. You are referring to work permit placements not ARC�s. There is no limit placed upon the number of ARC�s a school may be involved with as the ARC is dependant upon the work permit. No one can obtain an ARC for work purposes without a work permit.
I don�t believe what you claim above. Even large chain schools such as Hess and Kojen can only obtain a limited number of work permit placements at each of their branch schools, and even their biggest and busiest schools in Taipei are limited to around a dozen of so such work permit placements. The only way that a buxiban could receive 65 work permit placements would be if they could provide evidence that they needed to employ 65 foreign teachers on that single premise. Does anyone know of a buxiban in Taiwan that employs 65 foreign teachers at a single location? I certainly don�t.
| Blair Zettl wrote: |
| These ARCs are only provided to or via the contract recipient in each city or municipality, or may be held directly by the public schools. |
Again your terminology is all wrong. No school holds ARC�s. ARC�s are issued in the name of and to the teacher. By law the teacher must carry the ARC on him or herself at all times, as the ARC acts as an ID card. I think that you need to clarify the above statement as it makes no sense.
| Blair Zettl wrote: |
| The contract is awarded annually through a tendered municipal or civic process and includes recruiting, training, and management of foreign teachers as well as reporting on the same. |
This pertains to civil matters that have no relevance to the legality for foreign teachers. As I have mentioned on a number of occasions, civil agreements cannot override national legislation.
| Blair Zettl wrote: |
| Approximately 250 teachers have worked within this system over the past four years, with 80 of these currently doing so. The national government is well aware of the activities of these teachers and is the governing authority which now requires B.Eds. in public schools for nationally or locally funded positions. |
Please provide a single source that shows this to be fact. English or Chinese � I will translate the relevant parts of any Chinese document you post, so that we can all benefit from this information.
The information from the papers that I could dig up on the subject is listed below. These articles pretty clearly show that it is illegal for foreign teachers to teach within government schools in Taiwan, the exceptions being schools in remote areas and covered by the MOE�s initiative.
| Quote: |
Huang said the Ministry of Education (MOE) is negotiating with the Council of Labor Affairs (CLA) to win approval of new rules to allow "qualified, foreign English teachers" to teach English in local primary and secondary schools.
Huang failed to define what is meant by, "qualified foreign English teacher."
Under the current Employment Service Act, public primary and secondary schools are not allowed to hire foreigners to teach English-language classes
They are permitted, however, in public or registered private colleges, foreign schools, private elementary schools and secondary schools, or in bilingual courses offered by experimental high schools.
http://www.taipeitimes.com/News/front/archives/2002/07/13/148070 |
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According to the MOE's plan, prospective foreign teachers must be aged under 45, come from English-speaking countries with English as their mother tongue, have received university or higher level education in linguistics-related fields and are capable of speaking basic Mandarin Chinese. They must also be in good health and have no record of drug abuse. Those who have already had teaching experience will be most welcome and they will receive two weeks of pre-job training after they arrive in Taiwan.
http://www.chinapost.com.tw/archive/detail.asp?cat=1&id=33875 |
| Quote: |
Most of the foreign teachers will be sent to elementary and junior high schools in small cities and remote areas where English teachers are in short supply, the minister added.
"That being the case, they will not replace or squeeze out local English teachers," he said.
Foreigners are currently banned from teaching any subject in the nation's elementary and junior high schools.
http://www.taipeitimes.com/News/taiwan/archives/2003/01/09/190301 |
| Quote: |
The program is due to kick off in August, but lawmakers pointed out that proposed revisions to Employment Service Act, specifically aimed to provide a legal basis for the employment of native speakers to teach English at elementary and high schools, have yet to be passed.
http://www.chinapost.com.tw/archive/detail.asp?cat=1&id=36989 |
So in summary it remains illegal for foreign teacher to work in government schools until the Employment Services Act has been amended. Can you provide a source or proof that these ammendments have been applied as I can find no evidence that this is the case? Your whole argument seems based upon the fact that the laws have been changed so let's see this.
| Blair Zettl wrote: |
| I reiterate, I and my company operate as a legal entity in Canada as a recruiter, not in Taiwan. Therefore I am not subject to Taiwanese law, but Canadian in this regard. |
All well and good, and this entitles you to undertake your recruiting work totally legally in Canada. Once you step foot on Taiwan soil however you are bound by the laws of this country which as I have pointed out do not permit you to operate as a recruiter here in Taiwan. I hate to tell you this Blair but Canadian law does not override Taiwanese law when you are in Taiwan.
What it all comes down to is your visa and ARC. If you have a visa obtained on a work permit issued for you to work as a recruiter in Taiwan then you are legal. If however your work permit and ARC are for you to be a teacher then you are operating illegally as a recruiter.
Blair do you live in Taiwan or Canada? Therein lies the answer to whether or not you are legal or not.
| Blair Zettl wrote: |
| It is perfectly legal to own and operate a company in a foreign country while engaged in other work (teaching) in Taiwan. |
Yes, it is, but it is not legal for you to operate this company within Taiwan without the appropriate licenses and permissions to do so. Just because I may be a practicing lawyer back home doesn�t entitle me to come to Taiwan and practice law here.
| Blair Zettl wrote: |
| Therefore Clarke's extensive argument regarding myself and proefl.com in the Taiwanese legal context is baseless. |
Actually not. It is based upon the legislation that clearly shows that you are operating as a recruiter illegally here in Taiwan and you are kidding no one but yourself with your continued arguing this point.
Feel free to show us your business registration here in Taiwan, and your work permit to work as a recruiter.
| Blair Zettl wrote: |
| Further, the companies that I deal with here in Taiwan are subject to Taiwanese law and have the full authority to hire the candidates which I present to them. |
And no one has suggested that this isn�t the case. We do not even know who these companies are, nor do we care.
The fact remains that the teachers who deal with Blair Zettl and proefl.com assume that they are dealing with you and that you are going to protect them. If you are not a legal entity here but these other companies are, then why do the teachers need to deal with you at all?
Most of all though, I have been unimpressed by the fact that these companies you co-operate with seem totally happy with employing teachers illegally.
| Blair Zettl wrote: |
| FYI, I do physically go to Canada to conduct the bulk of my recruiting business, which is seasonal. |
And no one is disputing that you may be legal back in Canada, but you are certainly operating illegally here in Taiwan.
| Blair Zettl wrote: |
Regarding whether a foreign person may act as a 'recruiter' or human resource person within a company:
you omitted an important point in article 46:
11. Other specialized work ad hoc approved by the Central Competent Authority due to the lack of such specialist in the domestic employment market and the business necessity to retain the service of such specialist therefor. |
I haven�t overlooked it, but it doesn�t apply to you.
How could you possibly justify to the CLA that a local cannot do recruiting? They obviously can, and they obviously do. For you to be approved as a recruiter you would therefore be taking away a position that a local can do. This is expressly prohibited by the very clause that you suggest permits you to work as a recruiter.
So, are you stating that you have received approval by way of a work permit from the CLA to work as a recruiter in Taiwan, and that your ARC was obtained for this purpose?
| Blair Zettl wrote: |
| The only site to which Clark w.Griswald (Chevy Chase in National Lampoons Christmas Vacation?) refers is a recruiting/advertizing site itself - I get spam from them all the time with names of teachers. Buxiban.com is owned by and Australian by the name of (name removed). |
Firstly, it is considered bad form and is actually against the rules of message boards such as this one to use the real life names of people unless they themselves bring this information to the forum.
More importantly though who owns that particular website has no relevance to our discussion, I just find it to be a wealth of information on teaching in Taiwan, and it is in English which makes it easy for all of us. I linked to that page because all of the required legislation is listed there in English. So what�s your point? You seem to have a problem with the fact that the information listed on that site reveals that the positions you are offering are illegal.
| Blair Zettl wrote: |
| One must consider the possibility that not every relevant law in Taiwan is posted here. |
And who said that every law was posted there. Funnily enough all of the ones relevant to our discussion are posted there, and it seems an awful shame that you didn�t read up on the information on that site before you decided to become a recruiter.
| Blair Zettl wrote: |
| If you would like to check out some legalities I suggest working through the maze at www.gio.com.tw |
Why does anyone need to navigate �the maze� on that site, when the same legislation is neatly filed and easily accessed at Buxiban.com. No matter which site you look at, at the end of the day the legislation still says that you are wrong Blair.
| Blair Zettl wrote: |
| I am being challenged on the existence of LEGAL city or municipal programs. |
No you�re not. You are being challenged on the fact that you claim that these local programs can override national legislation.
You are being challenged on the fact that you claim that teachers can work for employers other than the one who their ARC is issued for, when the legislation clearly shows otherwise.
You are being challenged on the suggestion that you make that Taiwan laws do not apply to your activities in Taiwan as your company is based in Canada, which is clearly incorrect.
You are being challenged on the fact that by your own admission you are working in Taiwan illegally, and are recruiting foreign teachers for illegal positions in government schools.
These are the points of contention and the points that you have failed to prove.
Show us sources to back up your claims that:
1. Local programs override national legislation.
2. Foreign teachers can work for employers other than the one/s stated on their ARC.
3. Taiwan laws do not apply to a company registered in Canada but operating in Taiwan.
4. You are in Taiwan legally with a work permit to act as a teacher recruiter.
If you fail to prove any and all of the above with relevant sources in either English or Chinese then you deserve the bad reputation that you have earned yourself in this thread. Why not ask your local Taiwan advisors to back up their advice that you have been regurgitating to us all with some links to relevant parts of legislation that proves me wrong?
| Blair Zettl wrote: |
| ARCs, visa and all the legal paperwork is provided for the teachers. |
In what name? The name of the school the teacher is working at, or the name of the company through which the work permit is obtained?
| Blair Zettl wrote: |
| How does it all happen in public view if it is not legal? |
Anyone who has been in Taiwan for a week would know that law enforcement is not one of Taiwan�s strong points. Just because the authorities might not do anything about the situation today doesn�t mean that they won�t at any stage in the future. In recruiting teachers for these positions you have an obligation to tell them all of this so that they can make an informed decision. You are clearly not doing this, which is the reason that I have a problem with your services.
| Blair Zettl wrote: |
| So don't take on me, take on the cities above and tell them their programs are illegal. |
No you can�t pass the buck like this.
You choose to profit from this situation so you have a responsibility to do the right thing by your clients. They rely on you for this and this is why they choose to use a recruiter in the first place!
| Blair Zettl wrote: |
| In the meantime, B.Eds already working in these programs and former teachers, including non-B.Eds can assure you that you can work legally within these city-run programs. |
Again, please provide a single source that shows this to be fact. English or Chinese � I will translate the relevant parts of any Chinese document you post, so that we can all benefit from this information.
Or are we just meant to take the word of someone who profits from the misery of others? |
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wangtesol
Joined: 24 May 2005 Posts: 280
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Posted: Wed May 25, 2005 8:07 am Post subject: similar illegal outsourcing in Japan |
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In Japan there is a similar problem with private companies sending teachers to public schools illegally.
The General Union of Osaka and the National Union of General Workers Tokyo South have been fighting this issue for the last couple of years on the basis that such contracts between local boards of education and private companies have in fact been illegal since they violate Education Law and Dispatch Law.
In February 2005, the Ministry of Education agreed with the unions' position that the system did indeed violate Education Law since under the Law the school principal must be in charge of all staff; however, under the illegal outsourcing system, the company is in charge of the teacher, not the principal. Thus the teacher need not listen to any directions from the principal such as going to class.
However, the Ministry of Labor has been hesitant to recognize the violation of Dispatch Law that such a system employs. In this system, "dispatch companies" are not getting themselves licensed or even signing "dispatch contracts." Of course it is illegal for a company to act as a dispatch company yet not have a license but the Ministry of Labor is avoiding the issue.
In Japan, the local boards of education actually seem to be the ones pushing the illegal system since it saves them the hassle of dealing with foreign teachers. If foreign teachers in Taiwan want their rights, they have to fight for them. I would not expect all local boards of education in Taiwan to care about the legal issues involved. However, the issue has become a concern of the Democractic Party of Japan and their lobbying has brought the issue to the fore.
You can check the Assitant Language Teachers Issues website of National Union of General Workers Tokyo South for more information...
http://nambufwc.org/komplete/webapps/komplete/index.php?KTURL=mod_page.html&page=133 |
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clark.w.griswald
Joined: 06 Dec 2004 Posts: 2056
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Posted: Wed May 25, 2005 8:50 am Post subject: |
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Interesting post wangtesol.
I don't think that the problem here in Taiwan is one where the government doesn't care about foreigner rights on the issue, but one where the government is damned if they do or damned if they don't.
If they don't allow foreigners to teach in these schools, then they are perceived by us foreigners as acting unfairly.
The resistance to foreign teachers in the government school system comes from teachers, especially English teachers, and also from local rights activists. The feeling is one of can Taiwan afford to be giving the jobs of locals away to foreigners. After all, the locals can teach English, it is just that foreigners can be good for inspiring the students and helping them with conversational aspects of the language. I can certainly understand the concerns of locals who may perceive that foreigners are taking away their jobs, and would no doubt feel the same way if the reverse situation were true back home.
The second area of resistance as far as I can tell comes from the schools themselves. One foreign teacher would cost the school the same as two or even three local teachers. The question as to whether the employment of foreign teachers, and the subsequent cost of this, can be justified to the parents of students whose interest in not in studying English, would be difficult I imagine. Again, I can understand this concern, particularly when one considers that very few of the teachers offered to these schools would be likely to be very good at what they do. In order to be effective in a government school system the foreign teacher would need to have a good understanding of grammar usage, as well as an ability to explain these at the level of the students who are studying them. Mandarin language abilities would be a big plus. I suspect that few teachers can meet these requirements, which further raises the question as to whether it is worth hiring foreigners to do this work.
An alternative would be to use the money that would be spent on foreigners into more long term objectives such as training the Chinese staff to more adequately teach English. My experience with these Chinese teachers is that they have a good knowledge of the fundamentals of the language, but that they don't have the confidence to use English as a medium for teaching, which could be very valuable for the students. It would be very easy to give them this confidence through teacher training, and the value of doing this would be felt for as long as these teachers continued to teach. The foreign staff would generally be on a yearly contract and once they leave, so does the value of their work.
At the end of the day, the government here needs to decide where the greatest value lies, and in my opion the gauge of this value is having students who are willing and able to communicate in English. I am not convinced that the employment of foreigners in these positions would guarantee this. |
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Aristotle

Joined: 16 Jan 2003 Posts: 1388 Location: Taiwan
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Posted: Fri May 27, 2005 10:31 am Post subject: |
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And now for the short answer.
| Quote: |
| Teaching in Government public primary schools. Good Idea? |
Not outside of Taipei!
Good luck!
A. |
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clark.w.griswald
Joined: 06 Dec 2004 Posts: 2056
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Posted: Fri May 27, 2005 11:24 am Post subject: |
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| Aristotle wrote: |
And now for the short answer.
| Quote: |
| Teaching in Government public primary schools. Good Idea? |
Not outside of Taipei!
Good luck!
A. |
So by this you are suggesting that it is okay to teach in government schools in Taipei. This is incorrect. It doesn't matter where you are in Taiwan it is still not legal.
Aristotle do you post for a reason? |
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