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karenannehope
Joined: 17 Aug 2004
Posts: 25
Location: Dublin, Ireland
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 Posted: Mon Jun 06, 2005 4:56 am Post subject: Help! I want to leave - I feel school has broken contract |
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Hi all
I work for a very nice school in many ways, but they have been gradually cutting down my hours. When I signed my contract, I was promised a minimum of 14 elementary school hours a week and 10 kindy. If I worked any Saturdays, I would have more hours. However, I have had 2 and a half hours per week cut from my schedule as classes have closed, and have also been sent home for 3 weeks as the school was 'scared' that the foreign police might come (so no kindy for nearly a month, and quite honestly I don't see the point of sending us home at all. Further, according to the other foreign teachers, this happens every year without fail). Obviously, I am not paid for any hours I don't work.
I have found another job with much more hours, but I am on an ARC so need to leave the school legally. I gave my 1 month's notice in writing today (6th June) as required by my contract. I also agreed in my original contract that they could deduct NT$ 10,000 if I left before completing my contract.
I would never have left the school if they had kept to their side of the deal, but feel I am forced to do so as I am losing a lot of money every month (To be exact, I am losing NT$6000 a month from cut elementary hours and I lost about NT$15000 from the lost Kindy hours).
My question is, am I in a good position to negotiate with the school to leave after 3 weeks instead of 1 month (I would like to start at my new school at the beginning of July). Also, could I get my NT$10,000 back? I would prefer to let them keep the 10,000 but leave a little earlier, but am afraid of being blacklisted.
Finally, does anyone have the telephone number of the CLA?
Many thanks
Karen |
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clark.w.griswald
Joined: 06 Dec 2004
Posts: 2056
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| Posted: Mon Jun 06, 2005 1:52 pm Post subject: Re: Help! I want to leave - I feel school has broken contra |
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| karenannehope wrote: |
| I gave my 1 month's notice in writing today (6th June) as required by my contract. |
This is a good move and will protect you from potential blacklisting. Keep copies of everything in case there is a dispute.
| karenannehope wrote: |
| I also agreed in my original contract that they could deduct NT$ 10,000 if I left before completing my contract. |
If you agreed to this then I would expect that you would have to pay it. It seems like a reasonable amount of money, and it may be best to leave the school with the satisfaction of knowing that they penalized you for the breach rather than have them pursue you in other ways.
| karenannehope wrote: |
| My question is, am I in a good position to negotiate with the school to leave after 3 weeks instead of 1 month (I would like to start at my new school at the beginning of July). |
I think so. You don't really have any power to insist upon this, but it can't hurt to ask.
| karenannehope wrote: |
| Also, could I get my NT$10,000 back? I would prefer to let them keep the 10,000 but leave a little earlier, but am afraid of being blacklisted. |
I doubt that they would give you the money back but you could always ask as you gave notice.
If you are able to come to an agreement with the latter part of the above then make sure you get the agreement in writing to prevent a malicious blacklisting.
| karenannehope wrote: |
| Finally, does anyone have the telephone number of the CLA? |
I have PM's it to you. |
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karenannehope
Joined: 17 Aug 2004
Posts: 25
Location: Dublin, Ireland
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| Posted: Tue Jun 07, 2005 6:52 am Post subject: Thanks |
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Thanks a lot for your help and for the PM. Much appreciated.
K |
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Aristotle
Joined: 16 Jan 2003
Posts: 1388
Location: Taiwan
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| Posted: Tue Jun 07, 2005 8:58 am Post subject: |
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Unfortunately there is not much you can do. If your school wishes to blacklist you then you will not be able to extend or get a new ARC.
You are ordered to leave leave the area controlled by the ROC (Taiwan) within 14 days (deported).
Even if you appeal it will be months before your case is even looked at and you will not be able to work or get a visa again until the Council of Labor Affairs takes you off their blacklist (unlikely).
If you want to stay and work on Taiwan without the sanction of the ROC you will have to come and go every 30 days on a landing permit because TECO does not readily give teachers with previous ARC's, a visa.
Welcome to Taiwan!
A. |
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clark.w.griswald
Joined: 06 Dec 2004
Posts: 2056
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| Posted: Tue Jun 07, 2005 3:19 pm Post subject: |
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| Aristotle wrote: |
| If your school wishes to blacklist you then you will not be able to extend or get a new ARC. |
This is very misleading.
Schools cannot choose whether or not to blacklist you or not, the CLA automatically does this in cases that warrant such action. Employers, as our visa sponsors, are required to notify the CLA immediately that we have ceased employment with the school for whatever reason. If the reason is that you have failed to show up for three consecutive days without notice then the CLA may put a mark against your name (the so called blacklisting). You would not get such a mark provided that you resign as per either the terms of your contract and/or Taiwan labor law - and that is by giving prior notice of your intention to leave.
The school has no control over this decision and it is misleading and unfair to suggest that they do.
| Aristotle wrote: |
| You are ordered to leave leave the area controlled by the ROC (Taiwan) within 14 days (deported). |
As you should be if you do not have a valid visa to remain here. I certainly not support foreign nationals from any country remaining in another country once their visa was no longer valid. A visa is a privildege not a right!
| Aristotle wrote: |
| Even if you appeal it will be months before your case is even looked at and you will not be able to work or get a visa again until the Council of Labor Affairs takes you off their blacklist (unlikely). |
What do you base this upon?
If we take the Scott Ezell deportation as an example, a case that Aristotle loves to bandy about, you can see that upon lodging an appeal his deportation was put on hold and he was allowed to remain in the country until the appeal had been heard.
The CLA have stated to me personally that appeals will generally be heard within 30 days, and all of the evidence that I have seen supports this. Maybe Aristotle would like to site a source for his claim above.
| Aristotle wrote: |
| If you want to stay and work on Taiwan without the sanction of the ROC you will have to come and go every 30 days on a landing permit because TECO does not readily give teachers with previous ARC's, a visa. |
There is no evidence that having previously had an ARC has any impact upon new visa issuance (provided that you haven'toverstayed on your previous visa). Again, Aristotle, why not provide a source to back up this claim.
From the reports of newbies coming to Taiwan it does seem that some visa offices are becoming a bit more reluctant to hand out 60 day visitors visas, but there is no evidence that suggests that those who have previously held visas or ARC's are treated any differently. |
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