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A mess of a situation

 
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serviushoratius



Joined: 03 Jul 2007
Posts: 3

PostPosted: Wed Jul 04, 2007 4:04 am    Post subject: A mess of a situation Reply with quote

Pardon for the vagueness of this topic...I have to cover my butt with my employer. They seem to be snooping everywhere.

I have been working for a new school in southern Taiwan since January 2007. All of this work has been done without a proper school license or a legitimate Alien Residence Certificate (A.R.C.) for me. I have been told several times that the school would have its license finished within a few months. At least two times my employer has informed me that the license completion had been delayed a few months.

It has been a similar situation with my A.R.C. I had to do a visa run to Hong Kong at the end of April under the guise of another school employing me.

Now I have done a second visa run to Hong Kong, again under the guise of another school�s employment. The understanding was that my A.R.C. would be completed within the time period of my return from Hong Kong. Unfortunately, my employer and I have decided to end our employment agreement at the end of August. A day prior to my departure I was informed that the school would cancel my A.R.C. application.

Now I have been forced into signing a short term contract. They had me sign this before I get paid. Lovely. The contract stipulates three points. The first two are not unreasonable to ask me to maintain my current work standards until the end of the summer...with the caveat that they could fire me whenever they feel like it. Hmmm. Oh, and that they would withhold two weeks pay if I decided to leave before the end of the summer.

But the third point is the real stinker. It states that if I verbally, physically, or gossiply harmed the school or its clients then the employer would immediately contact the police and send a warning to all the schools in Taiwan. Well, I have no plans on physically harming anyone, nor yelling at the kids, nor starting a massive smear campaign. Is it me or that a threat inserted in a contract? Hhhmmm.

Now all of this is happening as I said without a real technical contract and I'm aware of the Taiwanese labor laws that work in my favor...if I had a proper ARC.

I would really like to hear some reasonable suggestions. I have tried to be honorable in this situation but it seems to be constantly turned against me. Bare in mind that I am also the only employee of this new school.

What the hell can I do to get the hell away from these people?


Last edited by serviushoratius on Wed Jul 04, 2007 9:12 pm; edited 1 time in total
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BigWally



Joined: 07 Jun 2006
Posts: 765
Location: Ottawa, CAN (prev. Kaohsiung "the Dirty South")

PostPosted: Wed Jul 04, 2007 4:33 am    Post subject: Reply with quote

Well since you don't have an ARC, work permit, resident visa, what can they really do to you. I don't think you can be blacklisted as you have never been an "official" teacher. Not to mention the fact that if the school is unlicensed, how can they report you, since they are not a school.

What should you do?
LEAVE!!!!
Find a real school!
Find a school that is recognized by the government!
Find a school that isnt going to jack you around with ridiculous clauses like being able to fire you on a whim, with no notice!
Find a school that isn't threatening you right off the bat!
Find a school that has other foreigners employed by them who can give you an idea of what it's like to work for them!

You have a 60 day visa right now, and time is running out....find a job with another school NOW!!! They can start processing paperwork for you now, and hopefully get you a work permit, resident visa & a real ARC.

Save yourself and get out of this seemingly terrible situation.
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Toe Save



Joined: 04 Oct 2004
Posts: 202
Location: 'tween the pipes.........

PostPosted: Wed Jul 04, 2007 5:19 am    Post subject: Reply with quote

The Foreign Affairs Police will want to know about this school. As will The Central Labor Administration. Document everything. Try and record a conversation on your cell phone. Nail this jerk's hide to the wall.

And follow BW's advice ASAP!!!!!!!!!!!
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clark.w.griswald



Joined: 06 Dec 2004
Posts: 2056

PostPosted: Wed Jul 04, 2007 1:47 pm    Post subject: Reply with quote

It is my understanding that new schools cannot hire foreign teachers. A school needs to be in operation for a period of time - a year or two - to show that they are a legitimate business in legitimate need of foreign teaching staff. All of this could be confirmed by a quick phone call to the CLA's English speaking staff. Check if the school you work for is even registered to employ foreign teachers. You don't need to say that you are working there, you can just say that you are considering accepting a job there.

I agree with the others. You are not legally employed there and as such there can be no legal repercussions if you leave.
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serviushoratius



Joined: 03 Jul 2007
Posts: 3

PostPosted: Wed Jul 04, 2007 9:18 pm    Post subject: Reply with quote

Thanks for the comments. Would anyone know of some foreign legal assistance that I could converse with?
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Toe Save



Joined: 04 Oct 2004
Posts: 202
Location: 'tween the pipes.........

PostPosted: Thu Jul 05, 2007 1:43 am    Post subject: Reply with quote

serviushoratius wrote:
Thanks for the comments. Would anyone know of some foreign legal assistance that I could converse with?


There is a moderator at www.forumosa.com named Richard Hartzell. Contact him. Also, Yellow Cartman (same site) is a great source of assistance in these matters. Or at least, he used to be. I think I remember something about him moving on to greener pastures. Definitely Hartzell tho'.

And leave those din*s today (if u haven't already).
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serviushoratius



Joined: 03 Jul 2007
Posts: 3

PostPosted: Tue Jul 10, 2007 4:57 pm    Post subject: Reply with quote

Cheers to all of your advice! Thanks for the references!
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