Job Discussion Forums

[anton]

Hey guys! This is a weird one! I have 2 weeks left on my visitor visa....i signed for a school on the 25th of may this year, to start work officially on the 6th of June. This last week was supposed to have been my training period but i'v been ill and couldn't go....doubts have been creeping into my mind since i signed and this last week they'v escalated to the point where i want out of the contract....just a feeling i have, but strong enough to make me want to get out of the contract and come back on another visa and look for somewhere else! Random, i tell you, but i'd rather follow my instincts on this one! The documents required to get my arc are in the post, probably in the process of being dealt with as i type, but heres the thing.....would this be a breach of contract, as i havn't started working yet, i wasn't present at training and the arc hasn't been completed yet??! Any thoughts on this matter would be great....thanks guys.

[clark.w.griswald]

You would need to refer to your contract to see whether or not your intended action would constitute a breach. Some contracts state a probationary or trial period whereby either party can cancel with notice without penalty. If yours does then there should be no problem.

Even if your contract doesn't have such a stipulation, there doesn't seem that the school can do a lot if you do breach. Generally a school will withhold some pay by way of a penalty, but if you haven't started working then they won't be able to do this, and I doubt that they would chase you for it.

Your biggest concern is likely to be with blacklisting. If the paperwork for the work permit is being processed or has been approved then you are officially working for the school. According to the CLA if you leave without notice then you may be blacklisted which would prevent you from teaching in Taiwan again.

I would recommend that you contact the CLA directly and find out the status of your paperwork. It may be that the processing hasn't started or you may be able to cancel the processing. If so then you have little to worry about and I am sure that the CLA will tell you this.

If however the work permit has been approved then you may need to work for 30 days (the minimum notice period required by the CLA) to avoid blacklisting. After that you could leave without problem from the CLA but would also need to honor any penalty agreement outlined in your contract.

Keep everything in writing and receive a signature of acknowledgement on anything important.

[anton]

hey man! thanks for the reply...seriously important issues you brought up there, i didn't know the whole black listing thing could be so serious...that could have come as quite a shock!! Another thing which springs to mind is the deal with how to transfer your arc from one school to another if both parties aren't in agreement about it...ie...i start work with one school, ive them 1 months notice and then want to get the new school to take over the arc, but the original school doesn't like the idea for whatever reason. How would it work out...might i have to loose that arc and leave the country get a new visa and return? sorry for these strange unclear questions...!

[clark.w.griswald]

In the case of a 'transfer' of the ARC things are much better now than they were in the past. In the past the old school could block the transfer, nowadays they can't as you don't really need to transfer the ARC but just add and remove names.

Very few teachers have actually added a second employer to their ARc but those that have have stated that the process is relatively easy and straightforward.

In your case, you would give your thirty day notice with your original school and have the new school send in an application for a work permit. Once the work permit is received then you could add the name of the second school to your ARC and at the end of your notice period you could them remove the old school from the ARC - theoretically speaking. I say this as there are few personal experiences that allow us to confirm that what happens in practice follows this theory.

If you are concerned that the current school may want you to leave without the 30 days notice then you best try to get the name of the second school added before you give notice to the first school. You will still need to give the original school 30 days notice.