Site Search:
 
Get TEFL Certified & Start Your Adventure Today!
Teach English Abroad and Get Paid to see the World!
Job Discussion Forums Forum Index Job Discussion Forums
"The Internet's Meeting Place for ESL/EFL Students and Teachers from Around the World!"
 
 FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister 
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in 

Teaching in Government public primary schools. Good Idea?
Goto page 1, 2  Next
 
Post new topic   Reply to topic    Job Discussion Forums Forum Index -> Taiwan
View previous topic :: View next topic  
Author Message
can_teach05



Joined: 26 Apr 2005
Posts: 3
Location: originally from Canada, currently in England

PostPosted: Wed Apr 27, 2005 12:06 pm    Post subject: Teaching in Government public primary schools. Good Idea? Reply with quote

Hi,

I have been looking into teaching in Taiwan for some time. There is a recruiter who is hiring teachers with their Bachelor of education. Does anyone have any experiences in working for a public government school that would like to share? Is it a good idea to work in a government school? Do they often pay more than a Bushiban or language school?

Are there just primary schools or do they also hire for secondary schools?

Any opinions welcomed.

Thanks

Can_teach
Back to top
View user's profile Send private message
clark.w.griswald



Joined: 06 Dec 2004
Posts: 2056

PostPosted: Wed Apr 27, 2005 1:22 pm    Post subject: Reply with quote

Government schools that often employ foreigners include elementary and junior high schools. Senior high schools do too, but classes in senior schools are less common. I assume that this is because most foreigners tend to teach conversation classes, and conversation classes generally don't help students pass English tests as much as English grammar classes do.

You need to take care. Most positions offered in government run elementary and junior high schools are NOT legal positions. Positions in private schools are legal however.

There is a current program being offered by the MOE that does enable foreigners to teach legally within some selected government schools, but many of these schools are in isolated areas.

My understanding is that in order to qualify for this program, you must have an education degree, you must be from either Canada or England, and that you must be employed overseas and brought here. These were the initial criteria for the program, and although they may have changed a bit, I would suggest that you should be very wary of anything the recruiter is telling you if you don't meet the above criteria.
Back to top
View user's profile Send private message
Aristotle



Joined: 16 Jan 2003
Posts: 1388
Location: Taiwan

PostPosted: Fri Apr 29, 2005 10:41 am    Post subject: Reply with quote

Although no warning or advisory has been issued, working in Taiwan's public schools is often illegal.
The main reason for this is that agents can not get you a work visa to teach in schools other than the specific school address listed as you employer.
The Ministry of Education on Taiwan employs the vast majority of foreign teachers in public schools through third party agents.
This facilitates kickbacks to the Ministry of Education in exchange for the contract to supply the foreign teachers even though it is illegal.
The exception being in Taipei city public schools which seem to be a fairly good employer of foreign teachers.
Good luck and please read this.
http://www.geocities.com/taiwanteacher2002/Success.html
A.


Last edited by Aristotle on Mon May 02, 2005 10:01 am; edited 1 time in total
Back to top
View user's profile Send private message Send e-mail Visit poster's website
can_teach05



Joined: 26 Apr 2005
Posts: 3
Location: originally from Canada, currently in England

PostPosted: Fri Apr 29, 2005 8:34 pm    Post subject: Reply with quote

Thanks for the information on government run schools. Has anyone heard of the the recruitment company Proefl? The name of the guy is Blair Zettl? He is based in Taiwan and in Canada. He is looking to hire teachers with their Bachelor of Education and place them in Public government schools. Apparently the pay will be from the school and not the recruitment agency. The pay is 60,000/month. Three weeks vacation at Chinese New Year. Does this sound decent or legal? I'm wondering whether it would be worth just going there first to search for a decent job.

Off topic for a moment, are there many international schools in Taiwan? Can anyone recommend any well paying decent international schools?


Cheers
Back to top
View user's profile Send private message
clark.w.griswald



Joined: 06 Dec 2004
Posts: 2056

PostPosted: Sat Apr 30, 2005 8:12 am    Post subject: Reply with quote

can_teach05 wrote:
Thanks for the information on government run schools. Has anyone heard of the the recruitment company Proefl? The name of the guy is Blair Zettl?


This is a relatively new recruitment firm and therefore there is not a lot of information trackwise regarding them.

Proefl.com as you say is operated by Blair Zettl, a guitar playing Canadian who has been in Taiwan for a few years now. He also advertises positions under the name of Songbird Management, which is the name that he previously used for his classical guitar work.

I don't think that there would be any real reason NOT to deal with him even though he doesn't have a proven track record as far as I can tell. If you are happy with what he is telling you, and you feel comfortable with the deal being offered then feel free to work with him.

I have concerns about the positions that he is offering however. My understanding of the government school program that is currently in place is that it is being handled by a couple of licenced recruitment firms and only involves the recruitment of British and Canadian nationals, with Ed degrees, and who are being brought in from overseas.

I doubt that proefl.com is a licenced recruitment firm here in Taiwan and therefore I doubt that they would have been selected by the government to represent them in this endeavor.

I suspect that proefl.com is working with schools directly and trying to secure teachers for these schools. In the case of government schools the positions offered in this way would be illegal as far as I know.

I would recommend that you clarify this with Blair. Make him aware that you are concerned that an ARC may not be made available, or that the ARC may be issued in the name of a sponsor other than the school the teacher is working for. Determine whether the school is government run or run privately. If it's a government school, find out whether the employment will be undertaken under the governments current initiative for employment of foreign teachers or seperately from this program.

Then let us all know. Thanks.
Back to top
View user's profile Send private message
Aristotle



Joined: 16 Jan 2003
Posts: 1388
Location: Taiwan

PostPosted: Mon May 02, 2005 10:13 am    Post subject: Reply with quote

Quote:
Thanks for the information on government run schools. Has anyone heard of the the recruitment company Proefl? The name of the guy is Blair Zettl?

Recruiters on Taiwan will often use white faces or foreign names to get the teachers in the door.
They will tell you what ever you want to hear to get you to sign the contract that you can't read unless you are proficient in Chinese.
A good way to get around this is to ask to get a copy of the contract to take home and show a lawyer.
9 out of 10 times they will refuse because what they are doing is illegal and there is the odd chance that you may know how to report them. That is also one of the reasons that the Ministry of Education does not hire local foreign teachers. It cuts into their profit margins.
On Taiwan the corrupt government does not actively enforce the law. Instead it is the justice for hire scenario that is so common place in these third world backwaters like Taiwan.
The government on Taiwan discourages illicit activities by extorting bribes from would be criminals.
Good luck and do what the locals do if they can afford it. "Avoid the public schools on Taiwan."
Back to top
View user's profile Send private message Send e-mail Visit poster's website
clark.w.griswald



Joined: 06 Dec 2004
Posts: 2056

PostPosted: Mon May 02, 2005 4:08 pm    Post subject: Reply with quote

Aristotle wrote:
Recruiters on Taiwan will often use white faces or foreign names to get the teachers in the door.


This is not a recruitment firm that is using a white face, this is a recruitment firm based upon a white face.

Let's face it. You don't need a recruiter to get work here in Taiwan. If however you feel the need to use one, then who cares if they are local Chinese or a foreigner. Either they way they are unlikely to be a legal entity, and are pretty much an introductory agent that gets money from the school when you sign up. There is nothing wrong with any of this, and as long as you don't expect too much then you won't be disappointed.

Aristotle wrote:
A good way to get around this is to ask to get a copy of the contract to take home and show a lawyer.
9 out of 10 times they will refuse because what they are doing is illegal and there is the odd chance that you may know how to report them.


Yes, it may be true that most schools would be reluctant to let you take the contract away before you sign it, but not because 9 out of 10 schools have something to hide. They just don't want to hand contracts out willy nilly to every foreigner who comes in for an interview, and I can't blame them for this.

Asking a lawyer to look at the contract is likely to be a waste of money in my opinion. Should the great legal mind find a problem on legal grounds and request that the contract be changed, it is likely that the school would just say no anyway so don't waste your money. The best thing to do if you want to play it safe is just to take along someone who reads Chinese and speaks English and who can confirm for you that the Chinese and English versions of the contract are the same. You don't need a lawyer for this purpose, and any lawyer worth anything wouldn't even look at the contract him/herself, but delegate the task out to legal staff anyway.

Aristotle wrote:
That is also one of the reasons that the Ministry of Education does not hire local foreign teachers. It cuts into their profit margins.


What? How so?

Aristotle wrote:
Good luck and do what the locals do if they can afford it. "Avoid the public schools on Taiwan."


Aristotle, have you ever even been to Taiwan or China, as comments like this one would suggest that you haven't.

In both Taiwan and China, it is the public schools that have the best reputations, not the private schools as in the west. People in Taiwan do not avoid public schools, but quite the opposite. Competition for public schools is fierce, and with a few exceptions, private schools come a second best.
Back to top
View user's profile Send private message
BinnoK



Joined: 18 Apr 2005
Posts: 5
Location: canada

PostPosted: Thu May 05, 2005 3:10 am    Post subject: Has anyone heard of the the recruitment company Proefl? Reply with quote

Hi I was also offered a position with Blair, it looks too good to be true. I am interested in a 10 month contract well, sept to june idea so I may travel in july and august. I have had no interview and he assures me I have a job. I spoke to him on the phone briefly. I am a certified teacher (Bed ) and I also interviewed with Hess and CECN - They had thorough interviews and seem to have more stipulations or expectations regarding how many hours you work and extra curricular you must participate in. Has anyone else dealt with CECN ? Also I am stilll not sure about public vs private schools, I keep reading different things!!! Help
Rebecca
Back to top
View user's profile Send private message
Aristotle



Joined: 16 Jan 2003
Posts: 1388
Location: Taiwan

PostPosted: Fri May 06, 2005 7:24 am    Post subject: Reply with quote

Quote:
Hi I was also offered a position with Blair, it looks too good to be true.

Be very careful, it is very easy to get stuck at a miserable job and life by accepting one of these positions.
The odds are against you.
Good luck!
A.
Back to top
View user's profile Send private message Send e-mail Visit poster's website
Blair Zettl



Joined: 20 May 2005
Posts: 4
Location: Canada/Taiwan

PostPosted: Sun May 22, 2005 2:03 am    Post subject: ..... I doubt that ... I don't think ... I suspect Reply with quote

Ok, well, if you want to know about this guy, here it is right from the horse's mouth.

I have one goal in mind in recruiting - to match good people with good employers and to help them smooth out any cultural misunderstandings. FYI, I also write children's music (Hipkids to release within the next few months), write big kids music and play the classical guitar.

I have spent a considerable amount of time working with an employer of teachers here in Taiwan. We like to work "by the book" as much as possible. You have to if you working with public schools because you are closely scrutinized by the Taiwanese gov't. And Clarke - you're not quite accurate regarding Taipei - a few schools offer positions but they do not have a city program as others do. We expect they will begin a civic program within the next two to three years.

The employment laws for foreigners have changed in recent years - mostly to our advantage. Please note the following:

* anyone with a bachelors degree may be legally hired by a school in Taiwan. HOWEVER only positions filled by B.Eds will receive government funding for the position and will have the ability to offer an ARC directly through the school. If a candidate without a B.Ed, but a B.A. or higher is hired the candidate may be contracted through a management company or bushiban and fees must be paid by the parents committee or other outside revenue source.

* B.Eds. may be hired directly by the schools, but usually the schools often ask a management company to assist in the recruitment and management of the foreign teachers. I work with only with those management companies whom I feel treat teachers fairly.

*B.eds may be legally employed from Canada, the USA, England, NZ, Aus, and South Africa. However, most schools prefer North American accents.

* the wages and benefits for B.eds are set forth in a schedule issued by the national government, with a slight increase in salary for every year worked. B.Eds If you have been here for more than one year you should be receiving and increase of about 15000 nt/year. I have the schedule in hard copy taken from the net. You may be able to find it in the government directory, but you'll need a Taiwanese friend to help you navigate that part of the site.

*as of recently, in Taiwan, you may hold two positions with two seperate work permits. You may move your ARC without your employer's notice, however, you still are required to give two weeks notice prior to termination. This prevents the need for the Hong Kong run.

*any contract must be written within the bounds of law to be considered 'legal' by the judiciary. If is is not, it is 'illegal' and therefore not a real or legally binding contract. For example, some employers stipulate that after working at their company you may not engage in employment with another company with X months within the same city. This is simply not legal to write and is only an empty threat.

*60,000 per month teaching 9-3.30 with a 1.5 hour lunch break is a good solid income, with opportunity to make more in evening hours. They aren't easy hours, but they're well-paid. (I was making about 110,00-120,000 total with privates and public school teaching income.)


Songbird Management is the name of my registed corporation within Canada, province of Saskatchewan. Songbird owns proefl.com, and a few others. Sorry for the confusion.

Working here as an unlicenced recruiter isn't illegal, however only a licensed recruiter may issue ARCs. (In our case, I work with a local management company which may also issue ARCs - the two are different legal entities). Please don't confuse "licenced" with 'good' - a lot of these firms take advantage of Phillipina maids here in Taiwan taking 50% of their annual salaries. (Yes, really) Also if you as a teacher are recruited by one of these they may scim you salary EVERY MONTH. A "Licensed" recruiter in Taiwan does not mean they are licensed to operate abroad, in Canada for example They would require the proper visas. or would need to have a Canadian in their employ.

I have been in Taiwan for 4.5 years and have been recruiting for 3. I only do it on request and insist on a clear and honest approach. I don't work with schools which I consider to be unfair or disrespectful toward teachers and visa versa.

Oh - to Aristotle, I wouldn't take a Taiwanese contract to foreign lawyer - there's no way for the lawyer to know Taiwanese law. Further if its only in English is hardly defendable in a Taiwanese court anyway. If you don't feel comfortable with the employer, don't sign and demand change, be prepared to walk away if he/she won't. Remember it's not just about legality, it's also about how you're going to get along with this person. I've found its the same here with employers or students, start off as a pitbull and then get nicer. It's easier than the converse. My former employer says contracts here, "aren't worth the paper their written on".

Finally to Rebecca, whether you realize it or not, your brief telephone discussion was an interview. I don't interview the same as others here, I don't have to. I get a sense of the person largely from the resume and how they are on the phone. I have about a 95% success rate in matching people with jobs. Anyway you're a Canadian B.Ed - you're gold here - don't waste your degree and ARC in a private school, as I told you before you can still teach privately or in a bushiban at night if you want and have your public school job in the day. Privates pay better and tend to be less tyrannical.

Final advise, just don't trying play the guitar somewhere without a visa - or say "Good Bye Taiwan" for 5 years!

Hope this helps.
Back to top
View user's profile Send private message Send e-mail Visit poster's website
clark.w.griswald



Joined: 06 Dec 2004
Posts: 2056

PostPosted: Sun May 22, 2005 5:14 am    Post subject: Re: ..... I doubt that ... I don't think ... I suspect Reply with quote

Welcome to the forum Blair. It will be good to get the perspective of a recruiter on this forum.

Blair Zettl wrote:
I have one goal in mind in recruiting - to match good people with good employers and to help them smooth out any cultural misunderstandings.


I like the idea of foreigners being involved with recruitment companies, particularly foreigners who have spent time as teachers here. I think it safe to assume that these individuals can best answer questions raised by applicants, and best deal with problems as they arise. The downside is that these foreigners may be somewhat detached from the Chinese side of things.

Blair Zettl wrote:
And Clarke - you're not quite accurate regarding Taipei - a few schools offer positions but they do not have a city program as others do. We expect they will begin a civic program within the next two to three years.


Can you clarify for me what it is that you consider incorrect in my earlier posting. I don�t really understand the relevance of the above to what I posted earlier.

Blair Zettl wrote:
* anyone with a bachelors degree may be legally hired by a school in Taiwan. HOWEVER only positions filled by B.Eds will receive government funding for the position and will have the ability to offer an ARC directly through the school. If a candidate without a B.Ed, but a B.A. or higher is hired the candidate may be contracted through a management company or bushiban and fees must be paid by the parents committee or other outside revenue source.


OK. I assume that when you say �school� you mean government school. Please correct me if this assumption is incorrect. Assuming that I have read the above correctly then I have some concerns with inaccuracies in your post.

Firstly, the only government school positions that I am aware of that offer work permits/resident visa/ARC, are positions offered at government schools under the current MOE initiative to help underprivileged schools. Other than that, the only mainstream schools legally able to employ foreign teachers include private schools, international schools, and a handful of �experimental� local schools. On the whole though, foreigners teaching at government schools remains illegal. The litmus test for legal positions is simple: Does the teacher have an ARC in hand with the name of the school that they are working at written on it? If the answer is �No� for any reason, then that teacher is teaching illegally.

You seem to suggest above that teachers can work in government schools on ARC�s obtained through management companies and buxibans. If this is what you are saying then you are wrong. Teachers are only legally allowed to work for the employer stated on their ARC � which in those cases would be the buxiban or the management company, not the government school.

Blair Zettl wrote:
* B.Eds. may be hired directly by the schools, but usually the schools often ask a management company to assist in the recruitment and management of the foreign teachers. I work with only with those management companies whom I feel treat teachers fairly.


No problem here. I think that in some cases recruitment firms can be a good bridge between the two provided that the recruitment firm is offering the teacher accurate advice. A recruitment firm acting in such a capacity gets paid for their service and therefore they have a responsibility to ensure that the teacher is well prepared for the position.

Blair Zettl wrote:
*B.eds may be legally employed from Canada, the USA, England, NZ, Aus, and South Africa. However, most schools prefer North American accents.


This is true for general employment of teachers in Taiwan for work in buxibans etc, but does not apply to legal positions offered through the governments current initiative.

Although each of the above listed countries was approached by the MOE for inclusion in the program, only England and Canada proceeded to signing the formal agreements required. The other countries failed to sign due to varying concerns with the program. Therefore my understanding is that applicants for the program must come through England or Canada which for logistical reasons limits the nationalities of those participating.

Blair Zettl wrote:
* the wages and benefits for B.eds are set forth in a schedule issued by the national government, with a slight increase in salary for every year worked. B.Eds If you have been here for more than one year you should be receiving and increase of about 15000 nt/year. I have the schedule in hard copy taken from the net.


This schedule only applies to teacher employed in the MOE program. It doesn�t apply to teachers teaching illegally in other government schools, nor teachers teaching legally in private buxibans.

You seem to be confusing the issues here Blair as some of your points apply to certain schools, while others apply to other types of schools, but you have presented this as if it applies to the government schools that you recruit for.

Blair Zettl wrote:
*as of recently, in Taiwan, you may hold two positions with two seperate work permits. You may move your ARC without your employer's notice, however, you still are required to give two weeks notice prior to termination.


It is true that foreign teachers may have more than one employer listed on their ARC�s and it is also true that teachers must give notice if they wish to leave an employer. The period stipulated in the Labor Standards Act is one months notice, and this is the period of time that the Council of Labor Affairs (CLA) considers to be the requirement. Of course individual schools can set whatever period they want, but the two weeks mentioned above is by no means a standard.

Blair Zettl wrote:
*any contract must be written within the bounds of law to be considered 'legal' by the judiciary. If is is not, it is 'illegal' and therefore not a real or legally binding contract. For example, some employers stipulate that after working at their company you may not engage in employment with another company with X months within the same city. This is simply not legal to write and is only an empty threat.


The above is only partially true and seems to be an overgeneralization that may be misleading.

A contract based upon illegal activity would hold no legal basis and could be nullified at any time without repercussions.

A contract that contains certain illegal clauses is still a legally binding contract, it is just that those certain clauses couldn�t be legally enforced.

The non-competition agreement you mention in your example above is a perfectly legitimate and legally binding clause, provided that it is reasonable. All too often these clauses are too broad and restrictive and are therefore considered by the courts to be unenforceable, but they are most certainly not illegal, and a well written and reasonable one would be legally binding so care should be exercised.

Blair Zettl wrote:
*60,000 per month teaching 9-3.30 with a 1.5 hour lunch break is a good solid income, with opportunity to make more in evening hours. They aren't easy hours, but they're well-paid. (I was making about 110,00-120,000 total with privates and public school teaching income.)


It is not a bad wage, but it is not a good one either. You could earn a lot more in a private buxiban, and the money would be a lot easier to earn too. At government schools teachers will face large class sizes, mixed levels of ability, and mixed levels of interest. Teachers in the government school system really need to work hard to maintain student interest. Buxiban teachers on the other hand generally have smaller class sizes of kids about the same ability and kids who are often more enthusiastic about learning.

Blair, I hope that you do not mention the earnings that you mention you made to prospective teachers when they contact you. Yes, it is possible for teachers to earn that much in Taiwan, but it is certainly not common. To mention this to newbie teachers is no doubt going to act as bait, but those teachers are hardly likely to ever earn that much.

Blair Zettl wrote:
Working here as an unlicenced recruiter isn't illegal,


Actually it is.

If you are a foreigner here on an ARC then you are only legally allowed to work for the company named on your ARC. You are not legally allowed to do any work outside of this company, either paid or unpaid.

If you are here through marriage then you have a great deal more freedom employment wise, but still can�t legally work as a recruiter unless you are qualified to do so and are working under the appropriate licence.

Either way you look at it you are working illegally as a recruiter.

Blair Zettl wrote:
however only a licensed recruiter may issue ARCs. (In our case, I work with a local management company which may also issue ARCs - the two are different legal entities).


I find your posts misleading, as they contain inaccuracies. As a recruiter dealing with newbies to this country you have a responsibility to ensure that you are giving correct and unambiguous information. If you fail to do this then you run the risk of misinforming one of your clients and this could have serious repercussions for them.

Recruiters cannot issue ARC�s, only the foreign affairs police (FAP) can issue ARC�s. I suspect that you are not really even referring to the ARC, but instead the work permit that the ARC is based upon.

The fact that those management companies may be able to sponsor a work permit for a teacher, does not entitle that teachers to teach for a government schools using the ARC provided. The litmus test for legal work is simple: Does the ARC provided to the teacher have the name of the school that the teacher is teaching at listed on it? If not, then that teacher is working illegally and is a candidate for deportation.

Blair Zettl wrote:
A "Licensed" recruiter in Taiwan does not mean they are licensed to operate abroad, in Canada for example They would require the proper visas. or would need to have a Canadian in their employ.


A recruiter or school employing a teacher to work in Taiwan has no responsibilities to the countries of origin of those teachers, and does not need to be a registered entity in those countries to employ the teacher from there. The employer/recruiter must abide by advertising laws if using the local press for advertising purposes, but other than that they are a Taiwan company employing someone for a Taiwan position so Taiwan law applies. There is no requirement that these companies need to have a foreign national on staff from the country of recruitment for them to be able to recruit teachers from that country.

Teachers are advised to avoid signing anything until they have had the chance to arrive in Taiwan and check out the school.

Blair Zettl wrote:
Further if its only in English is hardly defendable in a Taiwanese court anyway.


Sorry Blair but you are wrong again. A contract written in any language is enforceable here in Taiwan provided that both parties have agreed to it. An employment contract written only in English would be just as binding here as one written only in Chinese, but for the sake of the Chinese employers most employment contracts here are written in Chinese with an English translation attachment. Each would be equally binding except for the fact that the majority of such contracts sensibly contain a clause that states that the Chinese version shall prevail.

Blair � I have nothing personal against you, and in fact I support you as I would like to see more foreigners involved in recruitment here. Unfortunately you haven�t instilled in me a sense of confidence that you really know what you are talking about. My concern is that you are more than likely telling the teachers you bring here the same stuff that you have posted here, and much of it is just plain misinformed. As a recruiter getting paid for bringing teachers here you have a responsibility to ensure that what you tell them is totally accurate. I think that you need to do more research about your job before you can expect that people such as myself will get behind you and support your efforts.
Back to top
View user's profile Send private message
Blair Zettl



Joined: 20 May 2005
Posts: 4
Location: Canada/Taiwan

PostPosted: Sun May 22, 2005 9:43 am    Post subject: response Reply with quote

Basically, Clarke I feel that you are well-meaning but I think you comments are based on outdated information. For all of the issues you have mentioned as "you are wrong". No, I'm not. I'm correct. We can play "no, I'm right: you're wrong forever," which is a useless arguement, so if we continue I suppose we should get some sources. I have a few brief comments below in response to your assertions. Let me assure you, that my intention is to provide teachers coming to Taiwan with the best possible information on how to live and prosper here, as I'm sure is yours.

I have been working in the public system for three and a half years now. I do not profess to be able to read Chinese characters, therefore I cannot say that I have read the legal information myself. However, my source for the information I have provided is directly from the management companies which I work with. They have had numerous large-scale contracts with local governments here in Taiwan, overseen by both local and the national departments of education. Clarke, from what you have said in your post, I believe you are not familiar with these programs which are a seperate entity (entities) entirely from the MOE that you have mentioned. Also depending upon whom your sources are in government, you must be aware that civil servants aren't always aware of new laws and programs. (For example, I know for a fact you can get a visa as a musician, but everyone I talk to just says, "it's difficult." - guess I have to go to Taipei for that. Maybe I should just get married!)

Regarding the legality of foreign teachers in schools, management companies hold large numbers of ARCs (yes, issued by the national gov't) and work permits for the same is commonplace on the north-east coast. These are completely legal, but the management company must first win a contract with the given city or municipal government. As I have mentioned and I personally have worked for some of the companies who have legally held these contracts and ARCs/workpermits specifically for city public schools. This is what I mean by "civic" program. Incidently, I was taped teaching in 2003 at Shue-yuen school. There were more gov't officials and media people in the classroom than students (as you can imagine the kids were bouncing off the walls). This was run on Formosa TV. If there would have been a legal issue, surely somebody would have jumped on it.

Further to our comments on contracts, going to court is extremely complicated and expensive. With an all-English contract you are presuming that the judge and lawyers would be fluent in English or there would be a court-appointed translator. However you look at it, I'm sure you'll agree it's a huge, expensive mess. (Required viewing: "Lost in Translation.")

As a recruiter, one may be hired as a human resource manager by a bushiban. This is a different work permit and ARC entirely. However, my point was, if I operate legally out of Canada and contect teachers to schools here, I may, of course offer this service as long as any fees paid are paid directly to my company in Canada. To this end a wire-transfer slip or similar documentation is required. It is perfectly legal for my Canadian company to operate under international contract with a company or companies here, which is what I do. (In fact this provides a way for the management company to write off recruiting fees and expenses for taxation purposes). My activities here in Taiwan are limited to helping people find apartments, get their first cell phone, generally get situated and to act as a unofficial liaison in matters of dispute. To stay sane, I don't work with a lot of teachers. As a local teacher, I may also act legally as a teacher trainer.

Regarding recruiting firms holding ARCs, I mean to say, as a foreign worker, your sponsor may be either a bushiban or a recruiting agency. The company who's name appears on your ARC. There are restrictions on how many foreign workers a company can hire, based on a number of factors including, but not limited to, the number of Taiwanese employees they have working for them.

The wage schedule is for all B.Eds. hired by school, not only for the MOE program. This is what was given to our company this year by local governments acting under the authority of the national government.

I hope this clarifies some of the previous statements. For future arguments I shall defer to the appropriate legal authorities whom hope will response in an informative manner.
Back to top
View user's profile Send private message Send e-mail Visit poster's website
clark.w.griswald



Joined: 06 Dec 2004
Posts: 2056

PostPosted: Sun May 22, 2005 1:10 pm    Post subject: Reply with quote

Blair you have done yourself and your recruitment company (proefl.com) a great disservice in continuing to post inaccurate information even after it has been pointed out to you that you really need to do more research on the matter.

After reading your post I am afraid that my advice to users of this forum would be to avoid your services. You clearly have very little understanding of foreign teacher employment practices in Taiwan, and as a result you are in no position to be giving advice to newbies arriving in Taiwan, particularly when one considers that you are getting paid for the advice you give.

Blair Zettl wrote:
Basically, Clarke I feel that you are well-meaning but I think you comments are based on outdated information. For all of the issues you have mentioned as "you are wrong". No, I'm not. I'm correct. We can play "no, I'm right: you're wrong forever," which is a useless arguement, so if we continue I suppose we should get some sources.


Blair, I shall take the time to show that you are totally out of line with the above comments, and yes I shall provide legitimate sources for this information, something that you have failed to do.

Blair Zettl wrote:
Let me assure you, that my intention is to provide teachers coming to Taiwan with the best possible information on how to live and prosper here


That may well be your intention but I would suggest that you actually get out and read some information about teaching in Taiwan before you start passing this information on as some sort of authority.

Blair Zettl wrote:
I have been working in the public system for three and a half years now.


Well as you seem to be holding this up as some sort of measuring stick I should explain that I have been involved in the same market since 1995, so my experience is just on 10 years.

Blair Zettl wrote:
I do not profess to be able to read Chinese characters, therefore I cannot say that I have read the legal information myself.


Well this may be the biggest difference between us then as I do read Chinese. This is really not of much consequence anyway as much of the relevant legislation is written in English anyway, and I shall provide sources where relevant.

Blair Zettl wrote:
However, my source for the information I have provided is directly from the management companies which I work with.


So basically your source of information is third hand interpretation from parties that have a vested interest in having you believe the story that you expect us to believe here. C�mon mate, you don�t expect us to take you seriously do you. Your source on foreign teacher employment regulations in Taiwan is recruiters. You are just further discrediting yourself with statements like this.

My source of information is simple reading of the legislation and discussions with relevant authorities. When a question comes up that I am unsure of I refer to the legislation on the matter. If the answer is not evident then I contact the relevant government department. I certainly do not rely on the interpretation of recruiters for this information, and I think that it is quite dangerous that you do.

Blair Zettl wrote:
They have had numerous large-scale contracts with local governments here in Taiwan, overseen by both local and the national departments of education.


I think that it is opinions like this that you go in the wrong direction. Just because someone has �official� agreement doesn�t mean that they know what they are doing.

The local governments often operate differently than the guidelines established by the federal government suggest, but this does not make these interpretations legal. The legislation remains unchanged and just because a certain school or local authority may do things a certain way doesn�t mean that they are permitted to do so. Should legal action be taken against a foreigner that you place in this way, there is absolutely nothing that you, the recruitment firm you refer to, nor the local government could do to protect that teacher. The law is the law, even if that law isn�t enforced consistently. If you are explaining this to teachers and they choose to work for you anyway then great. But if you are telling them what you are trying to tell us here then you are misleading them into thinking that they have legal work here in Taiwan when they don�t.

Blair Zettl wrote:
Clarke, from what you have said in your post, I believe you are not familiar with these programs which are a seperate entity (entities) entirely from the MOE that you have mentioned.


Government schools are controlled by the MOE. If local governments have their own little schemes running well that is well and good, but unfortunately the teachers who get mixed up with recruiters such as yourself are misled into thinking that these localized schemes somehow override national legislation, well they don�t. As such I cannot nor need not be familiar with every little scheme in every area of Taiwan. I only need concern myself with the national legislation which overrides all other considerations. After all teachers do not get deported by local authorities, they get deported by national authorities based upon national legislation.

Blair Zettl wrote:
Also depending upon whom your sources are in government, you must be aware that civil servants aren't always aware of new laws and programs.


Exactly, people may make the wrong interpretation no matter who they are and therefore newbies need to do some research. Sites such as www.buxiban.com enable them to do this in English, and then these teachers can take links off to other sites from there to further investigate certain aspects.

Blair Zettl wrote:
Regarding the legality of foreign teachers in schools, management companies hold large numbers of ARCs (yes, issued by the national gov't) and work permits for the same is commonplace on the north-east coast.


Blair you are confused yourself. How can you think that you are in a position to advise others?

Management companies (recruiters) do not and cannot hold ARC�s and work permits. Each ARC and work permit is created for the individual applicant and these documents do not exist unless an applicant applies for these from the government.

Some employers in Taiwan can attain the right to employ foreigners. These employers then apply to the CLA for a work permit on an individual basis for each teacher. If approved, the work permit can be used to attain a resident visa from BOCA. The resident visa in turn can be used to attain an ARC from the FAP.

It is misleading of you to continue to refer to recruiters or management companies or even schools as holding these documents or issuing these documents. This information is incorrect.

Blair Zettl wrote:
These are completely legal, but the management company must first win a contract with the given city or municipal government.


Exactly, these agreements are all localized and between the private entity and the local government. Unfortunately the employment requirements for foreigners are nationalized and therefore the local authorities have no part of the process of making foreign teachers legal workers in Taiwan. Hopefully you are aware that all work permit applications for the whole island of Taiwan are processed by the CLA in Taipei, by clerks that have as little interest in the local wheeling and dealing as I do. They base their work upon national legislation.

Blair Zettl wrote:
As I have mentioned and I personally have worked for some of the companies who have legally held these contracts and ARCs/workpermits specifically for city public schools.


I have no doubt that the agreements these private companies enter into with the local authorities are fully legal. What you don�t seem to recognize is that none of that has any relevance to the legality of foreign teachers, as all of this is based at national level. Hopefully you are not trying to suggest that local governments can override the national government, are you?

Blair Zettl wrote:
Incidently, I was taped teaching in 2003 at Shue-yuen school. There were more gov't officials and media people in the classroom than students (as you can imagine the kids were bouncing off the walls). This was run on Formosa TV. If there would have been a legal issue, surely somebody would have jumped on it.


And that example means exactly nothing. Just because nothing happened to you doesn�t mean that you were legal. What is the name of your employer stated on your ARC? If it isn�t Shue-yuen school then you were working illegally. Now if you choose to work that way then that is fine with me, but I am disgusted that you feel that you have the right to mislead newbies into thinking that the work you are giving them is legal.

Blair Zettl wrote:
Further to our comments on contracts, going to court is extremely complicated and expensive. With an all-English contract you are presuming that the judge and lawyers would be fluent in English or there would be a court-appointed translator. However you look at it, I'm sure you'll agree it's a huge, expensive mess.


Blair, you are showing your ignorance again.

The first step in contract disputes is mediation which is offered free of charge by the CLA. The problem is that this mediation is only available to legal workers, and it appears that anyone working through proefl.com is more than likely working illegally. This mediation is legally binding and the staff involved would have the ability to read English so translation is not necessary.

Blair Zettl wrote:
As a recruiter, one may be hired as a human resource manager by a bushiban. This is a different work permit and ARC entirely.


If it makes you sleep better at night to believe this, then you go boy.

The fact is that in order to be employed for white collar work here in Taiwan, you must have at least two years documented experience in that line of work before a work permit would be considered. Then your employer would need to convince the CLA that a local person couldn�t do that job, and I think that we would all agree that this would be hard to do as quite clearly an English speaking local can do the job, much better than some foreigners apparently.

Most human resources staff (in house recruiters) at some of the larger buxibans are actually doing that work illegally. Of course no one really minds as it is the same company and all, but strictly speaking they are actually employed legally as teachers and then graduate up to being office staff. Were the office to be raided then theoretically they could be deported as it goes back to the fact that a foreigner can only work for the employer in the line of work that they received a work permit for.

Just so that you know Blair, the work permit and ARC would actually be the same whether it is a teacher or a human resource person. The purpose for obtaining, and the process behind issuing the work permit are just different. The actual documents themselves are exactly the same. Are you suggesting that the ARC�s are color coded or something? How exactly are they different? How does your ARC for recruitment differ from the ARC of a buxiban teacher?

Blair Zettl wrote:
However, my point was, if I operate legally out of Canada and contect teachers to schools here, I may, of course offer this service as long as any fees paid are paid directly to my company in Canada.


No you�re not legal. Whether or not you have a legal company in Canada has no relation to the work that you do here in Taiwan. The Taiwan government doesn�t care what sort of legal entity you are in Canada. Once you step on to Taiwans shores you are required to abide by Taiwans laws. And the laws that pertain to you state that you are only legally allowed to work as a teacher at the school named on your ARC and that you are not allowed to operate as a recruiter unless you have a license in Taiwan to do so.

Blair Zettl wrote:
It is perfectly legal for my Canadian company to operate under international contract with a company or companies here, which is what I do.


You are kidding yourself if you actually believe this.

The services contract that you hold with a company or companies here in Taiwan is a civil contract and civil contracts cannot override national legislation. As you yourself stated in your earlier post, illegalities in contracts are voided, so as your contract requires you to act illegally to fulfill it, your contract is actually void here in Taiwan and would not be recognized by any authority or court here. Additionally, civil contracts cannot override national legislation, and for your contract to be totally legitimate, it would need to override the terms of the national Immigration Act and the national Employment Services Act, both of which you are acting in contravention to.

Blair Zettl wrote:
(In fact this provides a way for the management company to write off recruiting fees and expenses for taxation purposes).


How so? In order for a Taiwan company to be able to write off your fees as tax deductible expenses, they would need to be issuing you a tax withholding certificate, as they are required by law to withhold taxes for foreign nationals. If they are not withholding taxes and issuing you with a tax withholding certificate each year then they are not able to claims these costs as tax deductions. It is pretty naive to suggest that companies can just say that they made payments to people without appropriate documentation and expect to be granted a tax deduction for those expenses.

Blair Zettl wrote:
My activities here in Taiwan are limited to helping people find apartments, get their first cell phone, generally get situated and to act as a unofficial liaison in matters of dispute.


That is all irrelevant. If you had an understanding of the Employment Services Act here in Taiwan you would know that even volunteer work is not covered by a work permit and would require special permission. The fact that you are actually getting paid for the work that you do recruiting puts the nail in this coffin. You are working and you are working illegally, there are no two ways about it.

Blair Zettl wrote:
As a local teacher, I may also act legally as a teacher trainer.


As long as you do so for and at the premises of the employer listed on your ARC. You could clean toilets there and no one would care. Once you step inside another school or workplace and do this however you automatically become illegal.

Blair Zettl wrote:
Regarding recruiting firms holding ARCs, I mean to say, as a foreign worker, your sponsor may be either a bushiban or a recruiting agency.


Well that is not what you said and as I stated in my earlier post, if you are going to promote yourself as a recruiter and source of information on employment in Taiwan for newbies then you have a responsibility to be very clear in your communication, and accurate also. Your earlier posts were neither.

Blair Zettl wrote:
There are restrictions on how many foreign workers a company can hire, based on a number of factors including, but not limited to, the number of Taiwanese employees they have working for them.


That is only half correct.

The number of work permits an employer may apply for is restricted. The major consideration of the government in this regard is how many teachers a particular school needs. The number of Chinese staff would only be one of these considerations in as far as determining how big the company is. In applying for permission for extra work permits a school is required to show class schedules and numbers of classrooms etc in order to justify the new teacher and the fact that the current teachers can�t handle all of the classes. This process was instituted to attempt to stamp out the process that proefl.com seems to place teachers under whereby a buxiban legally permitted to offer work permits, effectively sells or rents these �places� to schools that can�t. This does not make the teacher legal, but does give them an ARC to put in their pocket.

Blair Zettl wrote:
The wage schedule is for all B.Eds. hired by school, not only for the MOE program. This is what was given to our company this year by local governments acting under the authority of the national government.


Again when you say �school� I assume that you mean government schools. This is incorrect. The MOE schedule only applies to the teachers employed within that particular initiative, and only came into being with the institution of that particular program two years ago. Prior to this no such schedule existed as there were no government schools under the control of the MOE who were permitted to employ foreign teachers. I have no doubt that other government schools are publicizing these schedules to their foreign teachers, but they really have no relevance as those teacher are employed illegally anyway.

The only legal teachers in Taiwan are those whose school is listed on their ARC as their employer.

Blair Zettl wrote:
For future arguments I shall defer to the appropriate legal authorities whom hope will response in an informative manner.


Read: I am getting out of my depth and this is recruiter talk for �Help! I don�t know what I am doing?�

Now, my sources:

You claim that you can legally operate as recruiter here as you have a resgistered business back home and have contracts with local companies here. The Employment Services Act doesn�t agree with you on this one:

Quote:
Chapter 4

Private Employment Services

Article 34


Private Employment Services Agency and its branch(es) shall apply to Competent Authorities for approval of Establishment, and shall not engage in Employment Services businesses unless and until having obtained Operation Permit, which shall be periodically renewed.

No Private Employment Services Agency may engage in Employment Services businesses without having obtained Operation Permit??owever, School(s) or Vocational Training Agency(s) established in accordance with applicable laws and regulations and Agency(s) or organization(s) entrusted by governmental organ to engage in training and Employment Services may, without Operation Permit, render free-of-charge Employment Services to their Graduates, Post-training Trainees or Job Applicants.

The Central Competent Authority shall promulgate the regulations regarding the requirements, periods, termination, renewal, and other regulatory matters in respect of Operation Permit issued to Private Employment Services Agency and its branch(es) as referred to in Paragraph 1 of this Article.

Article 35

Private Employment Services Agency may engage in the following Employment Services businesses:
1. Job Placement or human resources agency businesses;
2. Being entrusted to recruit employee(s);
3. Employment Counseling or Psychological Tests provided in order to assist nationals with the determination of their career development plans; and
4. Other Employment Services businesses as may be specified by the Central Competent Authority.

Private Employment Services Agency may collect fees incurred by processing the Employment Services businesses as referred to in Paragraph 1 of this Article; the Central Competent Authority shall promulgate the items and amounts of the relevant fees to be charged.

Article 36

Private Employment Services Agency shall man qualified Professional Employment Services Staff of a prescribed number.

The qualifications and number of the Professional Employment Services Staff as referred to in Paragraph 1 of this Article shall be provided for in the Regulations on the Permission and Administration of Private Employment Services Agencys.

Article 37

No member of the Professional Employment Services Staff may engage in any of the following:
1. Allowing others to engage in Employment Services businesses in his/her name; or
2. Processing Employment Services businesses in a manner that is in violation of the applicable laws and regulations.

Article 38

Private Employment Services Agency that processes any of the following agency businesses shall organize and register as a profit-seeking corporation, however, a Non-profit-seeking Institution or Organization established to process the Employment Services by the Central Competent Authority, with its permission, designated or entrusted by it shall be exempted from such requirement:
1. Introducing Foreign Worker(s) to work within the territory of the Republic of China;
2. Introducing Hong Kong, Macau, or Mainland China resident(s) to work in the region of Taiwan; or
3. Introducing nationals to work outside the region of Taiwan.

Article 39

Private Employment Services Agency shall make ready and keep all the relevant documents and materials in accordance with the applicable laws and regulations for the inspection by Competent Authorities, and shall not evade, impede, or refuse any such inspection.

Article 40

When processing Employment Services businesses, no Private Employment Services Agency or any staff member thereof may engage in any of the following:
1. Processing agency businesses without having a written contract executed with Employer or Job Applicant in accordance with the applicable laws and regulations;
2. Making false advertisement(s) or disclosure;
3. Withholding any Job Applicant's National Identification Card, Work Certificate, or any other certifying document against his/her free will;
4. Withholding Job Applicant's belongings or collecting bond for job referral services from Job Applicant;
5. Demanding, agreeing to be paid at a later stage, or accepting fees beyond the prescribed standard or any other unjust interest;
6. Offering to deliver, agreeing to deliver at a later stage, or delivering unjust interest to civil servant;
7. Referring Job Applicant to engage in work that is in violation of the public orders or the descent morals;
8. Submitting false information or fake health examination sample(s) when entrusted by Employer in applying for Permit(s) to employ Foreign Worker(s), or dealing with recruitment, import, or management of Foreign Worker(s);
9. Committing threat, fraud, embezzlement, or betrayal when processing Employment Services businesses;
10. Withholding Employer's authorization document(s) or any other relevant document against his/her free will;
11. Filling in reporting form(s) as prescribed by Competent Authorities in a manner that is inconsistent with the applicable laws and regulations or filling the same with false information;
12. Failing to process the registration of alteration regarding business organization, the notice of business suspension, or the application for renewal or re-issuance of certificate(s) in accordance with the applicable laws and regulations;
13. Failing to disclose the Operation Permit for Private Employment Services Agency, items and table of fees to be charged, or certificate(s) for Professional Employment Services Staff in accordance with the applicable laws and regulations;
14. Resuming its businesses prior to the expiration of the period in which its Operation Permit was suspended by the Competent Authority(s); or
15. Failing to exercise due diligence in respect of the entrusted matter(s) when processing Employment Services businesses so as to cause the entrusting Employer to violate the present Act or any Regulation as promulgated in accordance with the present Act.

Article 41

Upon being entrusted to publish or to disseminate advertisement for recruiting employee(s), Private Employment Services Agency shall, from the date of advertisement, keep for two (2) months such information as the name of the entrusting Employer, his/her/its residence, telephone numbers, and National Identification Card numbers/business registration numbers for the inspection of Competent Authority(s), and shall not evade, impede, or refuse any such inspection.


You claim that foreigners can get legal work as recruiters in Taiwan. Again the Employment Services Act begs to differ:

Quote:
Article 42

For the purpose of protecting nationals right to work, no employment of Foreign Worker may jeopardize nationals opportunity in employment, their employment terms, economic development or social stability.


And more that suggests that foreigners cannot get legal work as recruiters. I don�t see recruiters on this list of approved positions :

Quote:
Article 46

Unless otherwise provided for in the present Act, the work a Foreign Worker may be employed to engage in within the territory of the Republic of China is limited to the following:
1. Specialized or technical work;
2. Director/Manager/Executive of a business invested in or set up by oversees Chinese or foreigner(s) with the authorization of the Government of the Republic of China;
3. Teacher at the following schools, as indicated:
1) Teacher at a public or registered private college/university or school established especially for foreign residents;
2) Approved teacher teaching course(s) on foreign language(s) at a public or registered private high school or below;
3) Teacher teaching course(s) at a public or registered private experimental high school??s bilingual department or at bilingual school;
4. Full-time teacher teaching course(s) on foreign language(s) at a short-term class registered for supplementary schooling in accordance with the Supplementary Education Act;
5. Sports coach and athlete;
6. Religious, artistic, and show business work;
7. Crew member of a merchant vessel, working vessel, and vessel ad hoc permitted by the Ministry of Transportation and Communication;
8. Marine fishing/netting work;
9. Household assistant;
10. Work designated by the Central Competent Authority in response to national major construction project(s) or economic/social development needs;


Even if foreigners were to be permitted to legally work as recruiters they would then need to satisfy the following requirements as stated in the Standards for the Employment of Foreigners, and I don�t believe that you would then qualify anyway:

Quote:
Article 5

For foreigners employed to engage in jobs referred to in the preceding Article, in addition to the qualifications stipulated in the Standards, they are also required to have one of the following qualifications:
1. Acquire certificates or operation qualifications through the procedures specified in the Examinations Act and its enforcement regulations, or acquire certificates, licenses or permits from the competent authorities for other purposes at the central government level.
2. Acquire credentials of Master degree or above from universities in the ROC or in foreign countries or acquire Bachelor degree and with more than two years working experiences in the specific field.
3. Expatriates to the ROC that have been employed in multi-national companies for more than one year.
4. Specialists who have been trained professionally or self-taught in the specific field and have more than five years experiences in related skills and have demonstrated outstanding performances.


You claim that you can work as a recruiter in addition to the fact that you are a teacher. The Employment Services Act states otherwise:

Quote:
Article 43

Unless otherwise provided for in the present Act, no Foreign Worker may engage in work within the territory of the Republic of China should his/her Employer have not yet obtained a Permit via application therefor.


Finally comes this from the Employment and Supervision of Foreign Persons which also clearly shows that you are acting illegally when you work as a recruiter when you are employed as a teacher:

Quote:
Article 24

Recruited foreign persons are prohibited from the following activities:
1. Residing with families or spouses.
2. Working with a job specialty that is inconsistent with the specialty originally required by the employer during the recruitment period.
3. Evading regular medical examinations arranged by the employer.
4. Obtaining the recruitment permit by means of forgery or falsification of information.


You may want to pay particular attention to these two clauses in the Employment Services Act as you are clearly in breach of both of them:

Quote:
Article 44

No one may illegally let Foreign Worker stay and engage in work.

Article 45
No one may illegally refer Foreign Worker to work for any third party.


The clause of the Employment Services Act that most clearly puts the services of your company into disrepute is Article 57. You have claimed on a number of occasions that recruiters and buxibans can sponsor a work permit and ARC for a teacher to work in a government school when that government school cannot of itself employ the foreign teacher. This is clearly wrong and you are recruiting teachers for illegal positions:

Quote:
Article 57

As for employment of Foreign Worker(s), Employer shall not engage in any of the following:
1. Employing a Foreign Worker without Permit or after the expiration of Permit therefor, or a Foreign Worker that has been permitted to be employed at the same time by a third party;
2. Employing in the name of the Employer a Foreign Worker, but in reality causing that Foreign Worker engage in work for a third party;
3. Appointing the employed Foreign Worker to engage in work that is not within the sphere of the Permit;
4. Commanding, without permission therefor, an Foreign Worker who is employed to engage in the work as referred to in Subparagraphs 8 to 10 of Paragraph 1 of Article 46 to change his/her work place;
5. Failing to arrange for the employed Foreign Worker to undergo health examinations or failing to submit the health examinations report(s) to the Competent Health Authority(s) in accordance with the applicable laws and regulations;
6. Dismissing or laying off national worker(s) as a result of having employed Foreign Worker(s) by the Employer;
7. Exerting coercion, threat, or any other illegal means upon the employed Foreign Worker(s) to enforce him/her/them to engage in work contrary to his/her/their free will;
8. Illegally withholding the passport(s)/ residence certificate(s) of Foreign Worker(s) or embezzling belongings of Foreign Worker(s);
9. Having violated, other than the above, the provision(s) of the present Act or the regulations promulgated pursuant to the present Act.


And more about the fact that foreign teachers may only work for the employer stated on their work permit, something that you have claimed is incorrect. The CLA would disagree with you:

Quote:
Q34: What is illegal working?

A34: Any foreigners who work without applying for a work permit through employers, or work while permit being revoked, or work with invalid permit, or work for non-permit applicant employers, or work for employers other than permit applicants, are considered illegal working in Taiwan.


And finally this from the Rights and Obligations of Foreign Workers which again clearly states that a foreigner may only work for the employer that they are permitted to work for as per their ARC:

Quote:
III. Transferring of employer is not allowed without permission:
Foreign workers shall not transfer to other employers without permission and shall not allow to be recruited by employers other than those prescribed in permits.


The repercussions of your companies activities would be felt by the foreign teacher as provided by Article 73 of the Act :

Quote:
Article 73

Where any of the following circumstances has arisen or existed with respect to a Foreign Worker, the Employment Permit therefor shall be annulled:
1. The employed Foreign Worker has engaged in work for an Employer who is not stated in the Permit;
2. The employed Foreign Worker has engaged, without being appointed by his/her Employer, in work on his/her own initiative that is not within the sphere of the Permit;
3. The employed Foreign Worker has been unjustifiably absent from his/her work and not in contact for three (3) consecutive days or the employment has been terminated;
4. The employed Foreign Worker has refused to undergo health examinations, submitted fake health examination sample(s), or failed health examinations, or his/her mental and/or physical condition(s) are/is not qualified for the assigned work, or he/she has been infected with any of the contagious diseases that have been listed and published by the Central Competent Health Authority(s);
5. The employed Foreign Worker has been in serious violation of the regulations promulgated pursuant to Paragraph 2 or 3 of Article 48 or Article 49;
6. Other than the above, the employed Foreign Worker has been in serious violation of applicable laws and regulations in the Republic of China;
7. The employed Foreign Worker has refused to submit any information as required by applicable laws and regulations, or has submitted false information in violation of the applicable laws and regulations;


And more on the punishments that teachers face if they work at a school other than the one contained on their ARC:

Quote:
Q41: What are the punishments if foreigners work in Taiwan without applying for employment permit?

A41: If foreign workers work without employment permit while in Taiwan, according to Article 68 of Employment Service Act, foreign workers shall be penalized with a fine of no less than NT$ 30,000 and not exceeding NT$ 150,000, and be compelled to leave the country without delay. As to employers, per Article 63 of Employment Service Act, he or she shall be fined an amount of no less than NT$ 150,000 and not exceeding NT$ 750,000. In case the person re-commits the said offence within five years, he or she shall be punished to imprisonment for a term not exceeding 3 years, forced labor-service, or payment of a fine of NT$ 1,200,000, or to both imprisonment and payment of a fine of not exceeding NT$ 1,200,000.


You seem to have claimed that the local authorities can somehow override the central authority in authorizing work for foreign teachers in your area. This is not born out by the following which comes courtesy of the CLA:

Quote:
Q02: Are all work permit applications applied to Council of Labor Affairs of Executive Yuan?

A02: Yes, except for applications for foreign ship crews to Ministry of Transportation and Communications, foreign legal counselors or paralegals to Ministry of Justice, and foreign professional workers and executives of overseas Chinese investment business in Science Park to Science Park Administration.


You might want to bear this information in mind which also comes courtesy of the CLA:

Quote:
Q08: What are the fines for hiring foreigners without being authorized?

A08: Employers will be fined monetary NT$ 150,000 up to 750,000 dollars for hiring foreigner without being authorized; or will be sentenced to jail for up to three years, or detained, or be fined up to NT$1,200,000 dollars in the case of second offense within five years. The foreigners will be punished NT$ 30,000 up to 150,000 dollars and be ordered to leave the country within days.


And this one from the Immigration Act might also be worth bearing in mind as it seems that this applies to you:

Quote:
Article 34

Aliens may be forcibly deported if they:
1. Have violated the first paragraph of Article 4 by entering the State without being inspected; or
2. Have entered the State and have been found violating any of the provisions of Article 17 that bans entry into the State; or
3. Have violated the first paragraph of Article 18 by temporarily entering the State without permission; or have failed to observe the set restrictions on the time and place of visits or the additional conditions in accordance with the second paragraph of the same article; or
4. Have violated paragraph 2 of Article 19 by leaving an overnight lodging without permission; or
5. Have violated Article 27 by engaging in employment or activities that are different from the purposes of their visits, or residence; or
6. Have violated Article 28 by failing to observe the set restrictions on domiciles and activities, or the rules that have to be followed; or
7. Have violated the first paragraph of Article 29 by failing to extend their visits or residence ; or
8. Have violated subparagraphs 1-3 or subparagraph 9 of Article 30 and as a result have their Alien
Resident Certificates revoked or cancelled; or
9. Have violated subparagraphs 1-3 of Article 31 and as a result have their Alien Permanent Resident Certificates revoked or cancelled.


For clarification regarding your continued reference to recruiters holding and issuing ARC�s and work permits I offer the following which pretty clearly outlines the situation. Once again courtesy of the CLA:

Quote:
Q31: How to apply for visas and alien resident cards (A.R.C.) for foreign professional workers?

A31: Upon receiving a work permit issued by Council of Labor Affairs, foreigner who stay outside the territory of Taiwan shall apply for a work visa to the ROC representative offices, while those who stay in the territory of Taiwan shall apply for a work visa to Bureau of Consular Affairs, Ministry of Foreign Affairs. As to alien resident cards (A.R.C.), application shall be made to local police authorities.


People considering using the services that proefl.com and Blair Zettl have to offer may wish to consult the Regulations for Private Employment Services in order to determine whether or not the company qualifies as a legal recruiter here in Taiwan.

Well that�s about it. I believe that I have supported all of my points above. I would be interested in seeing a reply from Blair with valid sources that proves the above to be incorrect.

Alternatively I hope that Blair does the mature thing and take time out from recruiting until he understand that law as it affects foreign teachers. All of the links that I have provided are to English sources so I am unsure as to why Blair wouldn't have first investigated all of this before deciding that he should become a recruiter. Had he done so he could have avoided this embarrasment.
Back to top
View user's profile Send private message
Blair Zettl



Joined: 20 May 2005
Posts: 4
Location: Canada/Taiwan

PostPosted: Mon May 23, 2005 5:11 am    Post subject: Experienced Teacher Reply with quote

In response to Clarke's last post, I am not a Taiwanese lawyer. In Taiwan, I take legal advise from nationals I work with in legal businesses who in turn work with lawyers regularly to operate their legal businesses. Just as in Canada I hire a lawyer to help with the legalities of running a business there. The information I provide is based on years of PRACTICAL experience working WITHIN the public system via the channel I have outlined above. Most importantly, there IS a way to do it legally. Teacher (B.Eds.) who have hung on this long through the post, be assured, you will have legal status if you are teaching at a public school as long as you ensure your your paperwork is processed correctly.

The legal information Clarke has provided may be accurate in terms of employment, (note the disclaimer) but it does not cover the entire legal framework of operating a bushiban and its legal activities. Much less the further complication of running one of the legal school programs to which I had referred earlier. This does, in the end, affect activities in which teachers may engage. The management companies with which I work are actually bushibans with legal status thereof, not recruiting agencies as Clarke has surmised above.

Currently, the provision of teachers for public schools via the management companies which I refer happens in cities and municipalities with the full authority of the national government in Taiwan. From what you had written originally, it is apparent that you are unaware of these programs which currently exist, which, as I also mentioned, are separate from the MOE programs to which you refer. They have involved extensive negotiation between local and national government(s). We are not privy to all such negotiations, but in the end these contracts between local governments and management companies operate fully within the bounds of national law. This is evidenced by the fact that the national government issues a quota of up to 65 ARCs for one such management company (bushiban) within one city, operating as one bushiban in one location. These ARCs are only provided to or via the contract recipient in each city or municipality, or may be held directly by the public schools. The contract is awarded annually through a tendered municipal or civic process and includes recruiting, training, and management of foreign teachers as well as reporting on the same. The length of the ARCs is based on the duration of the program, which can run from August through June or March through January. Approximately 250 teachers have worked within this system over the past four years, with 80 of these currently doing so. The national government is well aware of the activities of these teachers and is the governing authority which now requires B.Eds. in public schools for nationally or locally funded positions. Two years ago B.Eds were not required in the program, which is how it was that I, with a masters in music was able to teach within this program. (At that time public schools could not carry ARCs.)

I invite other B.Eds. currently working in the public school system to give some insights in this regard. Looking forward to some other opinions and experiences.

On the issue of recruiting, we will agree that bushibans are not required to use any recruiter, local or foreign. They are certainly not forbidden to use outside recruiters (that is outside of Taiwan) or to advertise on international sites such as this one. The law to which you refer is relevant to domestic recruiters involved in domestic activities. I reiterate, I and my company operate as a legal entity in Canada as a recruiter, not in Taiwan. Therefore I am not subject to Taiwanese law, but Canadian in this regard. It is perfectly legal to own and operate a company in a foreign country while engaged in other work (teaching) in Taiwan. Therefore Clarke's extensive argument regarding myself and proefl.com in the Taiwanese legal context is baseless. Further, the companies that I deal with here in Taiwan are subject to Taiwanese law and have the full authority to hire the candidates which I present to them. FYI, I do physically go to Canada to conduct the bulk of my recruiting business, which is seasonal.

Regarding whether a foreign person may act as a 'recruiter' or human resource person within a company:
you omitted an important point in article 46:
11. Other specialized work ad hoc approved by the Central Competent Authority due to the lack of such specialist in the domestic employment market and the business necessity to retain the service of such specialist therefor.

So a bushiban may ask the national government permission to hire foreign manager whose duties could include recruiting, training, or yes, washing toilets as you suggest. This doesn't mean the government will say yes, by the law allows for such applications to be made and approved if evidence can be provided that the service is required by a company and that there are no nationals available to fill the position.
Back to top
View user's profile Send private message Send e-mail Visit poster's website
mpan



Joined: 26 Mar 2005
Posts: 35
Location: Taoyuan, Taiwan

PostPosted: Mon May 23, 2005 9:54 am    Post subject: Reply with quote

cool ...... I can't wait for Clark's repsonse ..... this is getting good .... Blair I am afraid that with what you are trying to feed us you are simply not making your case. Clark provides a solid, well researched position with direct links to back up everything he asserts while you are telling us to trust you because you have �PRACTICAL� experience. You have said it yourself that you get all you information indirectly from a third party.

Quote:
I take legal advise from nationals I work with in legal businesses who in turn work with lawyers regularly


Are you for real?? I have many friends from Canada that want to come teach in Taiwan and they are always asking me how I like it here and what should they do to get a good solid job. Some have B.Eds and some do not. I will most certainly adivse any that ask me to look very closely at this particular thread and specifically your responses to Clark's very articulate stance. I do not know Clark from a hole in the ground and have no vested interest in what he says here but I will always take the word of someone who can provide evidence to support their claims over those that do not.

The funny thing is that I have a B.MUS with a major in classical guitar so in the beginning I would have been more inclined to believe you. Maybe, because of such na�vt�, that is why I have had a bit of a hard time finding a good job. Oh well I just thought I would throw in my 2 cents (even if it may have been pointless).

Cheers
Back to top
View user's profile Send private message
Display posts from previous:   
Post new topic   Reply to topic    Job Discussion Forums Forum Index -> Taiwan All times are GMT
Goto page 1, 2  Next
Page 1 of 2

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum


This page is maintained by the one and only Dave Sperling.
Contact Dave's ESL Cafe
Copyright © 2018 Dave Sperling. All Rights Reserved.

Powered by phpBB © 2001, 2002 phpBB Group

Teaching Jobs in China
Teaching Jobs in China