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logician
Joined: 15 Jan 2004
Posts: 70
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 Posted: Tue Aug 30, 2005 9:06 am Post subject: do hours or salary determine the ARC rules? |
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I've had some interesting discussions with potential employers in the past week about ARC rules. One said that an ARC can be issued for anyone with a certain minimum salary, which is usually 14 hours per week, but can be less if the per-hour salary is higher than average.
Another employer said that she could get an ARC issued for less than 14 hours per week of work, but doing so would be bending the rules on her part (and thus a big favor to the employee).
I'm going to go re-read the buxiban.com site again, but law isn't really my subject... |
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Chris Smith
Joined: 01 Dec 2004
Posts: 86
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| Posted: Tue Aug 30, 2005 9:15 am Post subject: |
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| I always thought it was 15 hours for an ARC, though I've seen several people quote it as being 14. Never heard of the ARC being based on salary before. Most legit schools will specify more hours to take into account the seasonal fluctuations (you can't guarantee 14 hours per week every week of the year). |
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clark.w.griswald
Joined: 06 Dec 2004
Posts: 2056
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| Posted: Tue Aug 30, 2005 10:18 am Post subject: |
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Logician you are certainly on the right track.
There are minimum requirements for a work permit. These are based around the idea that the person who receives the work permit must be able to support themselves based upon their earnings in that position.
If you look at non-teaching work you will see a minimum salary amount that must be offered, in order for that work permit to be approved. This amount is determined by the salary stated in the Chinese contract of employment.
For foreign teachers the government has decided that based upon the earnings of foreign teachers that 14 hours is the minimum requirement. I realize that some people state other hour requirements, but the minimum is most definitely 14 and it is clearly stated as such within the legislation.
Standards for the Employment of Foreigners
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Article 40
For foreigners hired to perform the foreign language teaching courses referred to in Item 4 of Paragraph 1 to Article 46 of the Act, their teaching-related working hours shall not be less than fourteen hours per week. |
For non-teaching work the minimum wage requirement was NT$47,971 back in 2004 but I believe that this may have changed recently.
Now before anyone disputes these figures as they have an ARC on a lower wage or less hours let me explain how. In those cases the employer has you sign a Chinese contract that states the mimum requirement whether you are aware of this or not. The Chinese version is submitted to the CLA and the CLA bases the work permit on that. Sometimes schools will tell you that they are going to do this sometimes they won't. I am all for full disclosure, but fortunately even in cases where this is not disclosed it is generally to the teachers benefit anyway.
There have been suggestions over the years that this minimum should be increased to give foreigners a more decent living from a job, as 14 hours a week is not likely to make you rich as a teacher. Fortunately though these calls were never heeded by the government as now that we are allowed to have more than one employer the relatively low minimum acts in our advantage. It means that we can spread our employment eggs over two baskets if we wish rather than being forced to put all of our employment eggs in one 25 hour minimum basket. |
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logician
Joined: 15 Jan 2004
Posts: 70
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| Posted: Tue Aug 30, 2005 2:33 pm Post subject: |
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I asked for a copy of the contract and she said she didn't want to let it leave the premises. I could bring a translator to look at it, but I couldn't have a copy, because she was afraid that there might be legal issues and she didn't want to get laws involved.
Then she started talking about how she wanted both to give and take flexibility in hours. Some weeks the school could give me a couple of hours of break-time, but some weeks they would want a couple of hours of extra work.
Then, of course, she said she respected my desire for limited hours, but even if the work permit process started, she would feel obliged to hire other people if they could be more dedicated. |
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clark.w.griswald
Joined: 06 Dec 2004
Posts: 2056
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| Posted: Wed Aug 31, 2005 1:00 am Post subject: |
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| logician wrote: |
| I asked for a copy of the contract and she said she didn't want to let it leave the premises. I could bring a translator to look at it, but I couldn't have a copy, because she was afraid that there might be legal issues and she didn't want to get laws involved. |
That can certainly be a warning sign, especially if she mentioned potential legal problems.
In most cases though, a refusal to let you take the contract away should not automatically be seen as dodgy dealing. Some schools have spent money on getting their contracts drawn up by lawyers and they worry that you could pass these onto their competition. These schools will generally welcome you to bring someone in to have a look at the contract for you, but you can't take it away until after you have signed it. I think that's fair when you consider the reasons behind the refusal.
| logician wrote: |
| Then she started talking about how she wanted both to give and take flexibility in hours. Some weeks the school could give me a couple of hours of break-time, but some weeks they would want a couple of hours of extra work. |
I think that you were wise to avoid this type of situation as it was open to interpretation. There is every possibility that the requirement of additional hours could exceed the time off, and this would be cause for resentment. It is always best to outline a maximum number of hours on the contract, and the hourly rate for hours above that maximum as well as the right to say no to those extra hours.
| logician wrote: |
| Then, of course, she said she respected my desire for limited hours, but even if the work permit process started, she would feel obliged to hire other people if they could be more dedicated. |
I can appreciate her concerns here, even though your request was not totally unreasonable.
Schools have limited ability to hire foreign teachers, and foreign teachers are generally the schools single biggest cost. They therefore really need the foreign teachers on staff to cover the work they ask of you.
Personally I would recommend that teachers always try their best to be accepting of this. Never work without pay, but always try to work within the schedule changes that may occur (within reason of course). |
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teacha
Joined: 25 Aug 2005
Posts: 186
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| Posted: Wed Aug 31, 2005 3:33 am Post subject: |
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| I say, she is hiding something that is DISLOYALTY. Not a good thing. |
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Ki
Joined: 23 Jul 2004
Posts: 475
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| Posted: Wed Aug 31, 2005 4:40 am Post subject: |
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| Whilest trying my best to ignore that last comment, are you sure that you will be given your copy of the contract after you sign it? I know that schools are super weary to let you take contracts home to peruse before signing but my school wouldn't even let me take my contract home AFTERWARDS. They said that they needed a copy for the accountant. Maybe just something to ask just to make sure. |
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clark.w.griswald
Joined: 06 Dec 2004
Posts: 2056
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| Posted: Wed Aug 31, 2005 5:21 am Post subject: |
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There is a legal obligation upon schools to give you a copy of your signed contract. There should only be two originals - one for the school and one for you. If the school feels that their accountant needs a copy then let them organize that. Teachers should insist upon an original contract with the signatures on it and are advised to contact the CLA if you need any assistance in securing this right.
Holding the original document can be make or break for resolving disputes as it is proof as to what you have agreed to. You should keep it in a safe place where the school has no access to it. This is clearly your right under the law, and is in your best interests too. |
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