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Agent007
Joined: 27 May 2006 Posts: 17
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Posted: Mon May 14, 2007 3:43 pm Post subject: Do I have to be "Released" from my current school? |
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Hi. I received a number of helpful responses when I posted a few months ago about dealing with an undesirable working situation. I decided to hang in there, and give my employer a chance to improve the situation, which he has not. I would now definitively like to switch schools.
However, nightmare of all nightmares, someone has recently told me they believe I cannot switch schools unless the employer "releases" me from my contract. The usual suggestion I see posted--that you add the new school to your ARC, and then drop the old one--is not doable, since my current employer has me signed up for 25 hours a week. That means there is no room to add another full time employer, since the maximum allowable hours is 32.
Is it correct that I cannot switch? I have no faith that they will ever release me of their own free will. I had already composed a letter--which I haven't mailed yet--giving them a month's notice, and offering to pay the contract-breaking fee. I was so certain that I would be able to leave in 30 days (in fact, 10 days is the legally required notice, but I wanted to offer them more) that I have an appointment scheduled tomorrow to put down a deposit on an apartment I wanted to rent in the city where my new school is located. But I have been told now that I can give them notice I'm leaving, but I can't add my new school unless they let me. So I'm completely at their mercy...
Any information or suggestions would be great. I can't find any knowledgable legal advice on this. I would be happy to leave the country for a week or so, if this is what it takes to get their hours off my ARC. But boy would I have bolted early on when I had the chance, if I had known they called all the shots once they finished my ARC paperwork. I don't want to make them angry now with a letter giving notice if I must rely on their good will to get me out of this. Thanks for any input. |
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TaoyuanSteve

Joined: 05 Feb 2003 Posts: 1028 Location: Taoyuan
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Posted: Tue May 15, 2007 12:24 am Post subject: |
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You're really going to have to talk to the authorities about your predicament. It's been bandied around on these forums that it isn't necessary to be released anymore but, this is Taiwan and things may work differently on the ground and in different areas. Go check in with the agency formerly known as the foreign affairs police (where you got your ARC card-- sorry I forget the new name). Fill them in on your current employment woes and ask what you ought to do. Get the lowdown from the horse's mouth on exactly how to change employers with minimal fuss and with no need for you to leave. Not to put ourselves down but, while we're pretty knowledgeable, information coming from those who will actually be responsible for changing you employment sponsor will be more reliable than what you will get here. |
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clark.w.griswald
Joined: 06 Dec 2004 Posts: 2056
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Posted: Tue May 15, 2007 3:56 am Post subject: Re: Do I have to be "Released" from my current sch |
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I totally agree with TS on this one. This is such an important consideration that if I were you I would want to be getting my answers from the source, rather than opinions from people here. I will however give you my opinion for what that is worth!!
Oh by the way, I think that TS is referring to change in responsibilities for the ARC which was previously handled by the FAP but is now handled by the newly set up National Immigration Agency (NIA). Contact details for them can be found here.
I think however that you will need to direct your question to the Council of Labor Affairs the offices for which are noted in the link I provided above. They are the ones who issue the work permit.
Agent007 wrote: |
However, nightmare of all nightmares, someone has recently told me they believe I cannot switch schools unless the employer "releases" me from my contract. |
That may be based upon old information. Years ago a letter of release was required from an employer in order to be able to get a work permit with a new employer. That is no longer needed. If you end employment with an employer and provided that you do so correctly and don't get yourself blacklisted by the government then there is nothing that a previous employer can do to prevent you from getting a new job.
Agent007 wrote: |
The usual suggestion I see posted--that you add the new school to your ARC, and then drop the old one--is not doable, since my current employer has me signed up for 25 hours a week. That means there is no room to add another full time employer, since the maximum allowable hours is 32. |
That sounds correct to me. There is also some suggestion that the first (main) sponsor may need to okay work with a second sponsor if the work is to be done concurrently. I am not sure what the government feels about that so it will be good to get your feedback after you have spoken with them.
Agent007 wrote: |
I had already composed a letter--which I haven't mailed yet--giving them a month's notice, and offering to pay the contract-breaking fee. I was so certain that I would be able to leave in 30 days (in fact, 10 days is the legally required notice, but I wanted to offer them more) |
The law actually requires 30 days notice best given in writing, but your contract may specify a different term. I would go with the 30 days to be sure.
If you are willing to give 30 days notice and to pay the contract breaking fee should they really want that then you will have no problems. You can leave their employ, they will cancel your work permit (hence resident visa and ARC), you leave the country and come back in on a new visitors visa and start the whole process over again.
A better solution may be to do the paperwork with your new school now and sign a contract with a start date one month after you give notice which will enable you to keep your resident visa and ARC. The new school just gets you a new work permit which can take on the resident permit and ARC after you leave the current employer. Check this with the authorities and let us know what they say.
Do not do a runner however as you will be blacklisted by the CLA which will mean that you can never again get a work permit to work here. |
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Agent007
Joined: 27 May 2006 Posts: 17
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Posted: Wed May 16, 2007 5:51 am Post subject: |
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Thanks very much for this feedback. I called the local CLA today. The man painted a bleak picture. He said even if I give them 30 days notice, pay the contract breaking fee, cancel my ARC, and leave the country, they can still sue me for lost income if they have trouble finding a replacement teacher--which they probably will, considering it's a lousy teaching position. I have a meeting to see this guy in person tomorrow, and was told to bring a copy of my work permit and contract.
The school employed me for almost two months before they processed my work permit--he'll probably ask me about the 2-month discrepancy between the contract date, and the work permit date. I didn't know at the time that working while they were "processing" the work permit was illegal. Should I tell him I was working during this period? It might make it easier for me to get out of the contract if it casts the school in a bad light. On the other hand, I don't know whether the truth might ban me from working in Taiwan, even though I didn't know this was illegal. Thanks again for your input. |
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TaoyuanSteve

Joined: 05 Feb 2003 Posts: 1028 Location: Taoyuan
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Posted: Wed May 16, 2007 10:32 am Post subject: |
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Agent007 wrote: |
The school employed me for almost two months before they processed my work permit--he'll probably ask me about the 2-month discrepancy between the contract date, and the work permit date. I didn't know at the time that working while they were "processing" the work permit was illegal. Should I tell him I was working during this period? It might make it easier for me to get out of the contract if it casts the school in a bad light. On the other hand, I don't know whether the truth might ban me from working in Taiwan, even though I didn't know this was illegal. Thanks again for your input. |
I'm almost certain this won't be an issue raised as it's more or less standard practice. Best you don't even mention it. Stick to the issue at hand.
Report back with what you get out of your meeting. |
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clark.w.griswald
Joined: 06 Dec 2004 Posts: 2056
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Posted: Wed May 16, 2007 11:59 am Post subject: |
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Agent007 wrote: |
He said even if I give them 30 days notice, pay the contract breaking fee, cancel my ARC, and leave the country, they can still sue me for lost income if they have trouble finding a replacement teacher |
I very much doubt that there is in fact any legal basis for this and I suggest that you put it to the back of your mind as it is also extremely unlikely that a school will even try it.
You are an employee - no more no less. You have responsibilities under your employment contract as does your employer. Either party can legally and legitimately end the contract at any time and for any reason, but the at breach party can be held responsible to pay any breach costs. This is what the breach penalty is for and I assume that this amount is stated in your contract.
You are not legally responsible for any income that the school may lose once you leave your position.
Agent007 wrote: |
Should I tell him I was working during this period? It might make it easier for me to get out of the contract if it casts the school in a bad light. On the other hand, I don't know whether the truth might ban me from working in Taiwan, even though I didn't know this was illegal. Thanks again for your input. |
Don't say any more than you have to. I would defer such a question to the school by answering that you handed in all required documentation when you started work and that the school told you that the work permit was being arranged so as far as you know you have always been working under a legal work permit. If the questioning goes further on that matter then suggest that he ask the school as you met your responsibilities in this respect.
I don't think that it will be an issue however as the CLA are not at all interested in whether you were legal or not as far as whether you are entitled to a new work permit.
I would stick to the basics. You want out of the contract for personal reasons and you are willing to give the required notice period and pay the agreed upon breach penalty. You just want to know that the CLA will not have a problem with you finding a new employer and getting yourself a work permit through that employer. Emphasise that you want an answer now so that you can get the new employer to start the paperwork now to ensure that you are legal. |
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Agent007
Joined: 27 May 2006 Posts: 17
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Posted: Sat May 19, 2007 7:03 am Post subject: |
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Hi. Thanks again for your feedback. I went to the meeting with the local CLA, and I referred them to the section that states the penalty for breaking the contract. They seemed to agree that this implies if I break the contract and pay this fee, that should be sufficient. So I didn't hear any more talk about the possibility of being sued.
I sent a registered resignation letter per their instructions, providing 30 days notice, sending a registered copy to the CLA as well, and listing them as a recipient in the text of the letter. I was told that if I had any trouble when I talked to the school, that they would call and talk to them. Well, the school seems to be giving me no trouble now, so working with the CLA appears to have made the difference.
As far as adding the new school, I was told that after my final 30 days with my current employer are up, they should cancel my work permit, and then the new school can apply for theirs. Again, I was told if I have any problem to talk to them. I cannot work during the interim period, but I was told that I will be allowed to stay in Taiwan while the new permit is being processed. This is all fine: I could use a week or two of vacation, and I'm just glad I don't have to leave the country.
Thanks again for your great advice. I hope this information will also be of some use to those who might find themselves in a similar situation. Take care. |
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