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MomCat
Joined: 02 Dec 2004
Posts: 297
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 Posted: Wed Jun 07, 2006 4:02 am Post subject: Contract requirements for an ARC |
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Sorry, I may get slapped down for asking this and I'm sure I've seen a list somewhere, but now I can't find it.
What needs to be listed in my contract to be able to get an ARC? Is there an official site somewhere that has the requirements? I only remember the min of 14 hours a week and one year time frame.
Thanks again for your help,
Cat |
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dangerousapple
Joined: 18 Apr 2006
Posts: 292
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| Posted: Wed Jun 07, 2006 5:50 am Post subject: |
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The contract a school will sign with a teacher is not the contract that the government wants to see. The government contract is very simple. Full name, nationality, passport number, number of teaching hours per week (14 or 16, depending on who you talk to), length of contract, pay rate, the address of the school, both signatures, and the school chop. That's about it. One paragraph long, in Chinese.
Be warned that a lot of schools do not follow anything in that contract, but it is the "official" one, and the only one legally enforceable.
The contract is just one of a number of papers that a school needs to file in order to get your work permit issued. The permit is the important paper, and the one you take to the cop shop. |
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clark.w.griswald
Joined: 06 Dec 2004
Posts: 2056
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| Posted: Wed Jun 07, 2006 11:27 pm Post subject: |
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| dangerousapple wrote: |
| The contract a school will sign with a teacher is not the contract that the government wants to see. The government contract is very simple. Full name, nationality, passport number, number of teaching hours per week (14 or 16, depending on who you talk to), length of contract, pay rate, the address of the school, both signatures, and the school chop. That's about it. One paragraph long, in Chinese. |
This would be true in some cases but not all. There is no 'government contract' as such, there is just a requirement from the government that the contract be either in Chinese or have a Chinese version as they process the Chinese version not the English one.
So if your contract is bilingual then your employer will submit that contract. If however your contract is all in English then at some stage, and whether you are told this or not, you will need to sign a contract with Chinese on it. I don't doubt that in some cases this 'extra contract' could be one paragraph long but then it could also be a full contract in Chinese.
Dangerousapple raises a good point though and that is to be careful what you sign if it is written in Chinese and if you don't know what it says. I believe that were there some deliberate deceipt by the employer such as having one pay rate in English and a lesser one in Chinese, that you could appeal this. In some cases an employer may understate your wages etc to the government to save on taxes etc but provided they actually pay you the agreed amount there should be no problem. In most cases it is generally best to go for one contract with English and Chinese versions.
| dangerousapple wrote: |
| Be warned that a lot of schools do not follow anything in that contract, but it is the "official" one, and the only one legally enforceable. |
I don't agree with this.
Any contract, agreement, or piece of paper that you sign, no matter what language it is written in, is a legally enforceable document.
It is true that the government will go off the 'offical copy' being the one that they have, but in the case of a dispute you can use your English version to argue your case. It is equally as valid in many respects when it comes to down right deceipt, but in many cases of confusion between the meanings of the two versions the Chinese will prevail if stated so in a bilingual contract. |
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MomCat
Joined: 02 Dec 2004
Posts: 297
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| Posted: Thu Jun 08, 2006 1:44 am Post subject: |
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Thank you,
Do I understand correctly that the paper I need to take in for my ARC (be it a Chinese/English copy of my contract or a Chinese only rewriting of it) has to have on it the following:
My full name,
Nationality,
Passport number,
Number of teaching hours per week (14 or 16, depending on who you talk to)(I assume this means minimum and more is also okay?),
Length of contract (and this must be a one year minimum?),
Pay rate,
School address,
Both signatures,
School chop.
Does anyone know of a govenment site where these requirements are listed? Preferably in English, but Chinese would be okay too.
Thanks again,
Cat |
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clark.w.griswald
Joined: 06 Dec 2004
Posts: 2056
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| Posted: Thu Jun 08, 2006 2:46 pm Post subject: |
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| MomCat wrote: |
| Do I understand correctly that the paper I need to take in for my ARC (be it a Chinese/English copy of my contract or a Chinese only rewriting of it) has to have on it the following: |
Note exactly. I think that you are referring to the paperwork required for your work permit not your ARC.
To my knowledge you cannot walk into the CLA and make a work permit application. Your employer needs to do this on your behalf. I suppose you could walk in and do it yourself but it is not the norm and you might find it easier to just let your employer do it for you as the work permit will be posted out to your employer anyway so why do the leg work for them. |
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MomCat
Joined: 02 Dec 2004
Posts: 297
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| Posted: Fri Jun 09, 2006 2:04 am Post subject: |
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Sorry to be so dense but let me ask my question again.
But first. Is it true that I (not the school) needs to apply for the ARC?
If so, what do I need to take with me? What does it need to say/have on it?
Thanks.
This site: http://www.boca.gov.tw/ct.asp?xItem=1309&ctNode=113&mp=2
lists the requirements for a Resident Visa and it does not seem to require a copy of the contract.
What I'm trying to identify is where in the process does the 1 year and 14 hour conditions come into play.
Thanks again,
Cat |
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clark.w.griswald
Joined: 06 Dec 2004
Posts: 2056
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| Posted: Sun Jun 11, 2006 5:50 am Post subject: |
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Getting legal here in Taiwan is a three step process. You seem to have your facts straight, but you just seem confused with how they apply. The three steps are:
1. work permit from the Council of Labor Affairs (CLA)
2. resident visa from the Bureau of Consular Affairs (BOCA)
3. Alien Resident Certificate (ARC) from the Foreign Affairs Police (FAP)
| MomCat wrote: |
| But first. Is it true that I (not the school) needs to apply for the ARC? |
You can apply for the ARC yourself and most people in fact do this, but you need to first complete steps one and two above. In most cases your employer will lodge your documents for the first step of the process as it is all in Chinese and you can only get a work permit through the help of an employer. You can't get a work permit yourself. So you could actually physically take the documents to the CLA yourself and therefore theoretically apply your self, but you still need the paperwork from an employer so you may as well let them do it.
| MomCat wrote: |
| If so, what do I need to take with me? What does it need to say/have on it? |
Quite honestly if you are considering working for an employer who either does not know the process of cannot find out for themselves then I would seriously think twice about working for that company. If you are trying to work out how you can do this all yourself then the simple answer is that you can't. You can't sponsor yourself to work here in Taiwan.
BOCA and the resident visa is step two. You can't get a resident visa without having first completed step one. The copy of the contract is required at step one not step two so this is why BOCA does not request this. The fact that you made it to step two means that you met the requirements for step one.
| MomCat wrote: |
| What I'm trying to identify is where in the process does the 1 year and 14 hour conditions come into play. |
Step one, the application for the work permit from the CLA. |
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Pop Fly
Joined: 15 Feb 2003
Posts: 429
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| Posted: Sun Jun 11, 2006 6:09 am Post subject: |
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| MomCat wrote: |
But first. Is it true that I (not the school) needs to apply for the ARC?
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You needs to take a grammar class before you starts teachering it.
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MomCat
Joined: 02 Dec 2004
Posts: 297
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| Posted: Sun Jun 11, 2006 11:48 pm Post subject: |
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Clark, thank you for the post. It makes the process clearer.
Pop, you seem desperate for diversion. Are you in Taipei? Would you like to meet for coffee or a museum visit? |
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Pop Fly
Joined: 15 Feb 2003
Posts: 429
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| Posted: Mon Jun 12, 2006 4:32 am Post subject: |
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| MomCat wrote: |
Pop, you seem desperate for diversion. |
So kind of you to notice. No one else has. Thanks.  |
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Aristotle
Joined: 16 Jan 2003
Posts: 1388
Location: Taiwan
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| Posted: Sat Jun 17, 2006 8:13 am Post subject: |
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In real nations it is possible to process what is known as a "work visa" application with a letter of intent from an employer.
Unfortunately, here on occupied Taiwan, the Council of Labor Affairs (CLA) now requires a signed contract to process all ARC /Work Visa applications.
A contract or "individual work agreement" is a common tool used by labor oppressive regimes like Taiwan to circumvent local labor protection laws.
The CLA now arbitrarily enforces contracts that violate labor laws and totally ignores employee or worker rights on Taiwan.
If you call the CLA hot line and inquire about your rights they will rapidly inform you that "Foreign" teachers are not covered under the labor laws and that you must abide by the terms of your contract.
Taiwan is currently administered by a corrupt and racist occupational authority that routinely implements policies designed to subjugated minorities on Taiwan (native English teachers are a minority on Taiwan).
Please read this,
10 Steps to Success on Taiwan!
Good luck!
A. |
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clark.w.griswald
Joined: 06 Dec 2004
Posts: 2056
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| Posted: Sat Jun 17, 2006 1:34 pm Post subject: |
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| Aristotle wrote: |
In real nations it is possible to process what is known as a "work visa" application with a letter of intent from an employer.
Unfortunately, here on occupied Taiwan, the Council of Labor Affairs (CLA) now requires a signed contract to process all ARC /Work Visa applications. |
I fail to see the difference that this makes to the average foreign teacher. If you are not a resident of this country and you want to work here then you need to obtain employment through an employer who can sponsor your visa. This is common place in almost every country that I can think of.
That said Aristotle, if you don�t like the way things are done here and have a preference for how they are done in other countries then feel free to seek work in those other countries.
| Aristotle wrote: |
| A contract or "individual work agreement" is a common tool used by labor oppressive regimes like Taiwan to circumvent local labor protection laws. |
That�s ridiculous. Explain to me how this works?
If the CLA wanted to repress us then they would not enable us to sign written contracts as the very fact that something is in writing makes it all the more easy for us to seek enforcement.
| Aristotle wrote: |
| The CLA now arbitrarily enforces contracts that violate labor laws and totally ignores employee or worker rights on Taiwan. |
You like that word �arbitrarily� don�t you Aristotle.
I challenge you to provide us with case examples to support your claim above.
| Aristotle wrote: |
| If you call the CLA hot line and inquire about your rights they will rapidly inform you that "Foreign" teachers are not covered under the labor laws and that you must abide by the terms of your contract. |
That is not true at all. The CLA actively follows the Labor Standards Laws, with which employment contracts must comply to be enforceable. |
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