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Yonghe School threatens to blacklist me
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CndnEnrgy



Joined: 15 Mar 2005
Posts: 14
Location: Toronto

PostPosted: Tue Oct 04, 2005 2:44 pm    Post subject: Yonghe School threatens to blacklist me Reply with quote

Hey guys,

this is both a notification (read: warning) and a question, so griswald and friends any advice would be most appreciated.

I've been working at Ron Teacher American School in YongHe for the past three and a half months, having signed a one year contract in mid June. After having implied full time hours of 20-30 a week, they have cut mine back to the contractual minimum 14 (mostly due to a lack of students).

At any rate, I found a full time job at another school that will conflict with the hours at my current school, but they are giving me a month to give adequate notice to Ron Teacher School before my extra hours start.

I gave this one month notice to Ron school today. This school is owned by a seemingly nice American from Montana named, you guessed it, Ron. He does really seem like a cool, nice guy. But today he threatened me with legal action stemming from a "Ministry of Education" blacklist.

I've done my homework, and I know that its the CLA that issues blacklists, and that they do it for leaving work without 30 day notification, which I've given. I plan to have the administrator of the school sign a form saying I have worked there for the next thirty days (once a day) and another for the date of my notification.

Any further advice?

Also!! For anyone who interviews at Ron Teacher American School near Yong An Market station in YongHe, be warned!!

Good luck!
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teacha



Joined: 25 Aug 2005
Posts: 186

PostPosted: Tue Oct 04, 2005 6:59 pm    Post subject: all too common Reply with quote

GRISWALD will tell you this is rare. I know because I have said it is the NORM. I think if you get the manager to ign a form every day, that's gonna be a shock to me since Ron is not going to allow that I'm sure. As far as being black listed, it's entirely possible because he has pull and you do not. I recommend black mail of your own as a back up last resort threat and I recommend you call the MOE immediately and get a note from them verifying you would like them to visit the school to supervise your giving a 30 day notice. I'd go there in person. If they refuse, at least maybe you can get that on paper so it looks like you were being responsible. They are familiar with the old I never got notice trick, but sadly they likely get paid by Ron not to raid so they know where their bred is buttered. I wonder myself what the best bet is. I stronlgy urge you to PM Aristotle to post a reply here on this. I trust he knows how to beat corruption and unfairness more than some other people who will deny it exists as the status quo.
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Chris Smith



Joined: 01 Dec 2004
Posts: 86

PostPosted: Wed Oct 05, 2005 2:30 am    Post subject: Reply with quote

Hi CndnEnrgy,
I'm sure you've read other posts by teacha on this site, so please take his advice with a bucket of salt. He's a mischief maker.

As for your case, quite right to give a month's notice in writing and get a signature on it. That's about all you need to do as you have followed protocol.

Schools cannot blacklist you. Give the CLA a call and confirm with them the steps you are taking to change your job. They'll confirm you're doing everything you need to and you'll have more peace of mind. Let us know how it works out so we can see if the conspiracy theorists are proved wrong again.
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Ki



Joined: 23 Jul 2004
Posts: 475

PostPosted: Wed Oct 05, 2005 3:51 am    Post subject: Reply with quote

I always get confused. Is it the CLA or the MOE that you need to call? Anyway, call these guys immediately and explain your situation. Get a receipt number for the call and the name of the person you talk to. Try to speak to the same person each time. Write down a diary for everything that happens. Try to photocopy your timecard whenever convenient for proof in case they try to dock your wages. Try to record them make any statements if you can. Write a letter for notice that you resign and try to get them to sign it. Try to gather as much information as you can to defend yourself. The recordings may or may not hold up under court or mediation but it will sure scare the school owner if you tell him. LAST RESORT ONLY.

Also. Were you paying all of your tax or only declaring half? If the school wanted you to declare only about half of your salary then you can use this as leverage if they do try anything. You might have to pay more tax but they will be out for a lot more than you.
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Pop Fly



Joined: 15 Feb 2003
Posts: 429

PostPosted: Wed Oct 05, 2005 8:06 am    Post subject: Reply with quote

Talk it out again with the owner as well. Maybe his comment was a knee jerk reaction. Are you 100% sure you weren't being adversarial? Any boss should surely realize that if he can't provide enough hours for an employee to survive, then said employee must seek his fortunes elsewhere. This guy has been in business for awhile. If he is the type to threaten teachers' existences, I am sure he would not have been as successful as he has been to date.

Communication is the key. Why bring the authorities into it until absolutely neccessary?

Good luck lad.
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Aristotle



Joined: 16 Jan 2003
Posts: 1388
Location: Taiwan

PostPosted: Wed Oct 05, 2005 11:26 am    Post subject: Reply with quote

First give written notive via cerified fax through the post office of your intention to quit.
If you have been working there for less than 90 days you are not required to give any days notice under Taiwan's toothless and widely ignored labor laws.
You should also send the same notice to the CLA. The terms of your contract are not the domain of the CLA and if they blacklist you for not abiding by the terms of your contract even though your abide by the labor laws please contact SSETT and we will be more than willing to assist you.
There is also a group compiling a massive database of documents in an attempt to document the ROC governments racist, corrupt and incompetent treatment of non Chinese nationals legally residing on Taiwan.
They would be more than interested in this case if you do get blacklisted.
Be sure to get the post office to stamp the resignation letter after you send it certified fax.
Good luck!
A.
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Pop Fly



Joined: 15 Feb 2003
Posts: 429

PostPosted: Wed Oct 05, 2005 12:08 pm    Post subject: Reply with quote

Aristotle wrote:
please contact SSETT...





Aristotle wrote:
and we


Who's this "we" you are talking about? Are you the King? Is that the royal "we"?
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Big John Stud



Joined: 07 Oct 2004
Posts: 513

PostPosted: Thu Oct 06, 2005 5:46 am    Post subject: Reply with quote

[quote="Pop Fly"]
Aristotle wrote:
please contact SSETT...





Aristotle wrote:
and we


Who's this "we" you are talking about? Are you the King? Is that the royal "we"?[/quote]


Maybe Aristotle works for SSETT Exclamation
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Ki



Joined: 23 Jul 2004
Posts: 475

PostPosted: Thu Oct 06, 2005 5:53 am    Post subject: Reply with quote

I would be hesitant to bring the authorities into it, except of course as a last resort. However, I think it would be good to have a record of everything just in case. Don't show up for mediation in a month's time with only your word against theirs.

Do, however, let us know what happens. If it was just words then let us know. Tell us what the CLA told you to do. Tell us what worked and didn't work through mediation, if you get that far.
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teacha



Joined: 25 Aug 2005
Posts: 186

PostPosted: Thu Oct 06, 2005 7:10 am    Post subject: Reply with quote

Aristotle wrote:
First give written notive via cerified fax through the post office of your intention to quit.
If you have been working there for less than 90 days you are not required to give any days notice under Taiwan's toothless and widely ignored labor laws.
You should also send the same notice to the CLA. The terms of your contract are not the domain of the CLA and if they blacklist you for not abiding by the terms of your contract even though your abide by the labor laws please contact SSETT and we will be more than willing to assist you.
There is also a group compiling a massive database of documents in an attempt to document the ROC governments racist, corrupt and incompetent treatment of non Chinese nationals legally residing on Taiwan.
They would be more than interested in this case if you do get blacklisted.
Be sure to get the post office to stamp the resignation letter after you send it certified fax.
Good luck!
A.



As Usual: MY MAN CAME THROUGH!


Last edited by teacha on Thu Oct 06, 2005 7:26 am; edited 1 time in total
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Pop Fly



Joined: 15 Feb 2003
Posts: 429

PostPosted: Thu Oct 06, 2005 7:21 am    Post subject: Reply with quote

Quote:
Big John Stud wrote:
[quote="Pop Fly"]
Aristotle wrote:
please contact SSETT...





Aristotle wrote:
and we


Who's this "we" you are talking about? Are you the King? Is that the royal "we"?


Maybe Aristotle works for SSETT Exclamation


Hey BJ Stud,

Thanks for dropping by with that insight. In fact he does work for SSETT. He is the Founder, President, VP, CEO, CFO, COO, Secretary, Chief Cook and Bottle Washer. He is to SSETT what 100 pennies are to a dollar. Everything and the only thing. It is a Union of one. But hey, once you join, you'll double that number.

All the best.
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ramakentesh



Joined: 05 Mar 2005
Posts: 145

PostPosted: Thu Oct 06, 2005 9:21 am    Post subject: Reply with quote

Despite what we are told in this particular forum, these kind of activities are quite common - particularly in Taipei.
I know of a couple of brits who complained about their boss for doing the usual tax dodge (where they take the tax out of your pay but choose not to submit it to the revenue organisation here) and the guy from the Taxation department actually rang the boss to tell her that her staff were making a complaint! She phoned Immigration and made accussations that the two staff members in question were working illegally doing privates and their ARC was withdrawn and they were deported. They literally arrived to work on A thursday morning, immigration were there, took the employer's side and they were on the plane a day later...
As for the avenues of appeal - well I hope you are fluent in written mandarin...
When I first arrived I was told to seek out the positive-minded teachers here and try to keep away from the negative ones - Ive seriously only met one positive teacher here in 2 months - and atleast 30 negative ones.

At the end of the day the way the industry is run here provides everything for the employer and nothing for the employee other than wages - and even then your employer can arrive at work and demand you sign a new contract or threaten you with your ARC...
It happens and Im sure it aint fun.

My advice is to get an editing job - i did and lo and behold Im actually treated as a human!
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Frankie Knuckles



Joined: 30 Sep 2003
Posts: 36

PostPosted: Thu Oct 06, 2005 1:18 pm    Post subject: Reply with quote

As some of you may remember I was blacklisted last year because according to my former employer I just disappeared for 3 days. That was totally untrue. I resigned while I was on an approved vacation. I left because my employer clearly breached my contract and when I raised the issue with them they weren't willing to listen. I gave 1 weeks written notice of my resignation. I found out later that two weeks notice was the standard minimum. So in the end I was blacklisted because I didn't give my employer an extra 7 days notice. I just think that is so pathetic. I was given the same punishment as someone who just does a runner without even telling their employer. I actually gave them a weeks notice so they could get other teachers to cover my classes. My school lied and said that I went missing for 3 days cos that was the only was they could get the CLA to blacklist me. After I proved to the CLA that I didn't go missing for 3 days they told me to contact my former employer so we could come to some arrangement. They said I had to fulfill the proper procedures for resigning. This was 6 months after I had already resigned and left Taiwan. Fair enough!! I assumed that they may have wanted me to sign some forms and possibly pay a fine, which I would have agreed to do if my name was cleared off the blacklist. I contacted my former employer who told me to write a letter explaining my situation and what I thought about it so my former school supervisor could discuss it with the area manager. I thought it was kind of strange but I agreed to write an email letter to my former school. About a week later after I hadn't heard anything from them I wrote another email. I got a reply saying they were still deciding what to do with my case. From that moment on I knew that it was actually my former employer that had the real power to blacklist me. They were making the decisions and not the CLA. Anyway a few days later I received an email from my former employer saying that things weren't going to change and that I was going to remain permanently blacklisted. What a joke!!! They took all that time trying to decide what to do. Or were they just playing games with me?? How ridiculous!!! Why on earth does the Taiwanese government allow private companies to make decisions for them?? It is really sad that Taiwanese companies have such a strong influence over certain government departments. It really showed to me how corrupt Taiwanese society is. A private company should never be allowed to make the final decision on whether a person should be prevented from working in Taiwan. It is obvious some large chain schools like my previous employer wield substantial power within the CLA. I tried to contact the CLA after my former school made the decision and as expected they failed to reply. I didn't pursue the matter any further because I am no longer in Taiwan nor do I have any intention of working there again. It was just such a tedious process going around in circles with nobody willing to make a decision. I still have a Taiwanese girlfriend so I visit Taiwan every 6 months or so. Anyway just for those of you who thought blacklists were a thing of the past, I can assure you that is no longer the case. In the end it was my former employer who had the power and who made the decision to end my work opportunities in Taiwan, not the CLA. That's the most worrying thing because there are so many dodgy schools in Taiwan.

Good Luck everyone,


Take care
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ramakentesh



Joined: 05 Mar 2005
Posts: 145

PostPosted: Thu Oct 06, 2005 3:55 pm    Post subject: Reply with quote

Couldnt have said it better myself
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EOD



Joined: 16 Jan 2003
Posts: 167
Location: Taiwan

PostPosted: Thu Oct 06, 2005 4:20 pm    Post subject: Reply with quote

Quote:
Hey BJ Stud,

Thanks for dropping by with that insight. In fact he does work for SSETT. He is the Founder, President, VP, CEO, CFO, COO, Secretary, Chief Cook and Bottle Washer. He is to SSETT what 100 pennies are to a dollar. Everything and the only thing. It is a Union of one. But hey, once you join, you'll double that number.

All the best.

He's right, they are BS.
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