Job Discussion Forums

Danny · Joined: 02 May 2004 Posts: 20

Well, don't know how I got into this one but maybe someone can help. I was fired from my school and was given one week's notice. Now, they can't seem to find any replacement teachers and won't let me leave until they do so. I am still fired but they won't let me leave, won't tell me when my last day of work is, and I'm afraid that if I just go then they could black list me, keep half my pay check, etc. Any ideas? What is the number for the MOE? I can't seem to find it anywhere.

clark.w.griswald · Joined: 06 Dec 2004 Posts: 2056

Yours is certainly an interesting situation, and I think that you are handling things wisely.

You will need to speak to the CLA not the MOE. The contact details for the CLA can be found within this article.

If you have the firing in writing then I assume that you could use this as notice of your intention to leave. Assuming the worst you may need to stay until 30 days after the date that you received this notice and then may be able to leave based upon the premise that you must give 30 days notice if you want to leave. Check this with the CLA.

It is a rather ridiculous situation and you may find that the CLA suggests that you can do what you should be able to do, and that is, leave whenever you are ready.

Danny · Joined: 02 May 2004 Posts: 20

Thanks for the help. I give a call tomorrow. My school has a phobia about supplying me with anything in writing. I'm trying to be as nice as possible to my boss but she is causing me, and her, a lot of unnecessary angst. I'll see what the CLA tell me tomorrow.

Aristotle · Joined: 16 Jan 2003 Posts: 1388 Location: Taiwan

Even though your employer refuses to write things down, you can and should. Send them to him/her via certified fax or mail from the local post office.
A voice recording is just as effective as a written statement. Get one of those MP3 recorders, then sit down and have a heart to heart discussion with your employer. Be sure to get him/her to state their English and Chinese names as well as their address or telephone number.
Then download that recording and email it to
[email protected]
as an attachment.
After that, ask your employer for severance pay in lieu of notice. Severance pay is not prohibited under the labor laws so you should by all means ask for it.
Under Taiwan's toothless and widely ignored labor laws you are entitled to:
10 days pay if employed for less than a year but more than 3 months.
20 days pay if employed for less than 3 years but more than 1 year.
30 days pay if employed for more than 3 years .
Be sure to get as much information as possible about your employer and your employment.
Copies of time cards, contracts, complete student name list, business card of your employer, ad from your school ect....
You should start looking for another job right now. Keep a contact list of your students and have a friend call them after you leave inviting them to a going away party for you. The rest should be fairly obvious.
Good luck!
A.

Pop Fly · Joined: 15 Feb 2003 Posts: 429

I just wanted to add a post in this thread so you could read my signature when considering the above post.

clark.w.griswald · Joined: 06 Dec 2004 Posts: 2056

Danny · Joined: 02 May 2004 Posts: 20

Well, I've finally been given notice of my last day, next week, so I have a lot more to work with now. A friend also suggested the voice recording idea, just as a back up and something to threaten them with if they try anything bad, like keep my wages. I was going to go through with it too but didn't. The photocopy of the time card was another idea I was contemplating, just in case.

I was looking at the whole severance pay issue, from Clark's website. I think I'll leave all the well alone, unless my school tries something dodgy. I was assured that there won't be any loss or wages or anything but I guess I won't find out for sure for another month. I'll post again if something does happen though. Otherwise, I think I'll try to leave as gracefully as possible, including not trying to poach any students, etc.

junkmail · Joined: 19 Dec 2004 Posts: 377

Also, try to get a reference. Sounds stupid I know, but you might be surprised.

Aristotle · Joined: 16 Jan 2003 Posts: 1388 Location: Taiwan

clark.w.griswald · Joined: 06 Dec 2004 Posts: 2056

Junkmails advice seems sound to me. It would be best to have a nice reference in hand as it could prove useful and would help prove that you were a good worker, just in case the school claims otherwise later.

Good thinking Junkmail.

Danny · Joined: 02 May 2004 Posts: 20

Well, my boss did refuse the reference despite saying that I was a good teacher. Anyway, I have now left and, as far as I know, won't be penalised in any way.

Now I have to come in to sign a release form or something to state that I no longer work there for my ARC. I thought that these forms were no longer used.

If I sign does that mean that I'm not able to transfer my ARC over to another school? Or does it just prevent me from being blacklisted?

clark.w.griswald · Joined: 06 Dec 2004 Posts: 2056

Danny · Joined: 02 May 2004 Posts: 20

I just wanted to say that I received my last paycheck today and everything was fine, no problems. Thanks for the help. I did sign a release form which stated in English that I had 'left' and in Chinese that I had 'quit'. They actually let me keep a copy of this one. Anyway, it was a happy ending (of sorts).

Aristotle · Joined: 16 Jan 2003 Posts: 1388 Location: Taiwan