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New Law? We have to go to HK now??

 
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rupert shellgame



Joined: 11 Apr 2007
Posts: 109

PostPosted: Wed Jul 16, 2008 11:02 am    Post subject: New Law? We have to go to HK now?? Reply with quote

I'm looking to change jobs, and the new job is telling me that there is a new law that one must go to HK, there's now way out of it, and that work permit or ARC transfers are impossible without leaving. Anyone else heard of this?

thanks!
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dangerousapple



Joined: 18 Apr 2006
Posts: 292

PostPosted: Wed Jul 16, 2008 11:16 am    Post subject: Reply with quote

Not true. You only need to do a visa run if you have the wrong kind of visitor visa, or if your school bunged up your paperwork. I just hired a guy who was changing jobs, and changed his paperwork over without any trouble. It's a piece of cake if your school knows how to do it properly.
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rupert shellgame



Joined: 11 Apr 2007
Posts: 109

PostPosted: Wed Jul 16, 2008 11:38 am    Post subject: Reply with quote

Quote:
Not true. You only need to do a visa run if you have the wrong kind of visitor visa, or if your school bunged up your paperwork. I just hired a guy who was changing jobs, and changed his paperwork over without any trouble. It's a piece of cake if your school knows how to do it properly.


Danger - thanks for the reply. I think they are saying this cuz they just don't wanna get into anything with my school, which is understandable, my school is vicious.

After a great deal of consultation, there are two general scenarios I've heard.

Version 1:

I give notice at Old Job
I sign cancellation with Old Job a few days before my notice is up
Old Job contacts CLA to cancel my work permit
CLA cancels my work permit
New Job quickly moves in to apply for new work permit, gets receipt
I take said receipt to NIA to get extension on ARC
I begin working at New Job when permit is approved

Version 2:

New Job can add itself as a work permit and ARC sponsor without Old Job, the original and primary sponsor, knowing.
New Job goes to CLA and applies to add itself
CLA approves me for second full time job
I give notice at Old Job, and there's no chance of me leaving the country

Personally, I have doubts about the second version. I think there are too many hours on my work permit, although it's in Chinese, so I can't really tell. There wouldn't be enough to fit two full time jobs on there. I also think that Old Job would need to know about New Job moving in on their sponsorship, and I simply can't let this happen. New Job has implored me not to.
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Anda



Joined: 16 Jan 2003
Posts: 2199
Location: Jiangsu Province

PostPosted: Wed Jul 16, 2008 7:24 pm    Post subject: Um Reply with quote

Hello Rupert Shellgame, um I'm on the mainland in China. My bit of advise would be to tell immigration of Foreign Affairs if you have them there that you are giving notice at where you are working and for what reason and that you are telling them because you are expecting complications. If your employer gives you any problem then tell them that you have already informed legal services of what you have done and straight away tell who you have contacted that you are experiancing problems. This works on the mainland!

Last edited by Anda on Thu Jul 17, 2008 4:36 am; edited 1 time in total
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wix



Joined: 21 Apr 2003
Posts: 250
Location: Earth

PostPosted: Thu Jul 17, 2008 1:28 am    Post subject: Reply with quote

Version 2 is more or less correct. Your new employer applies for a work permit. You give 30 days notice in writing to your old school. In theory it should be a fairly simple process although difficulties can always arise.

If you have a difficult relationship with your current employer don't tell them anything more than they need to know. They might try and make your life difficult for you. Just state in writing that you wish to terminate the contract in 30 days in accordance with Taiwan's labor laws.
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rupert shellgame



Joined: 11 Apr 2007
Posts: 109

PostPosted: Thu Jul 17, 2008 1:49 am    Post subject: Reply with quote

wix wrote:
Version 2 is more or less correct. Your new employer applies for a work permit. You give 30 days notice in writing to your old school. In theory it should be a fairly simple process although difficulties can always arise.

If you have a difficult relationship with your current employer don't tell them anything more than they need to know. They might try and make your life difficult for you. Just state in writing that you wish to terminate the contract in 30 days in accordance with Taiwan's labor laws.


I'm sure that version 2 above is possible, but I have heard (and only heard) from many people that Old Job must be informed of New Job being added to the ARC. Also, even if this is possible, the maximum hours allowed on a work permit is 32, and I already have something like 19, which doesn't leave any room for a new full-time job to be added without exceeding 32 hours. In other words 19 hrs leaves only 13 hrs to be added by the other job, which by law has to be at least 14 hrs, full time. It's all here: http://www.tealit.com/article_categories.php?section=arcs&article=changing

Tealit is supposedly the authority on this, but,

Does anyone know if Version 1 is still possible?
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dangerousapple



Joined: 18 Apr 2006
Posts: 292

PostPosted: Thu Jul 17, 2008 4:39 am    Post subject: Reply with quote

Version 1 is still the main way to do things, actually, no matter what tealit might say. It's a pain in the butt to do "Version 2", as the clerks in immigration don't know how to do it any other way than the original way.
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rupert shellgame



Joined: 11 Apr 2007
Posts: 109

PostPosted: Thu Jul 17, 2008 4:59 am    Post subject: Reply with quote

[quote="dangerousapple"]Version 1 is still the main way to do things, actually, no matter what tealit might say. It's a pain in the butt to do "Version 2", as the clerks in immigration don't know how to do it any other way than the original way.[/quote]

Dangerous, thanks. It sounds like you've done this before.

I have one more question for any takers. I want to make this as smooth and painless as possible. for me, but also for my new employers. So I need to start gathering up the stuff they need for CLA and the work permit transfer.

What docs are needed? I'm assuming:
-passport
-arc
-diploma
-diploma translation
-cancellation of contract signed by me and old job
-a document saying they've hired me
-new health check

Does that sound right?

And for the ARC extension, they NIA needs the application receipt from CLA, and passport, arc, etc. right?
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