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Question about staying in country

 
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blateson



Joined: 12 Mar 2006
Posts: 144

PostPosted: Thu Oct 26, 2006 6:58 am    Post subject: Question about staying in country Reply with quote

Quick question. Now working at Hess, and my situation is looking much like what BigWally posted just the other day regarding his co-worker (no I'm not him). They are the only school on ARC as it's in their rules. Things not going well. Been here a month and they are getting worse. Question, even having work permit/arc etc with only them, if I leave and go to HK or another teco, am I "free" to apply for a new Tourist Visa and start all over, or is it the same way as it was in Korea in which I must wait to re-enter Taiwan only after the date the "contract" ends and ARC expires? Thanks.
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dangerousapple



Joined: 18 Apr 2006
Posts: 292

PostPosted: Thu Oct 26, 2006 7:30 am    Post subject: Reply with quote

You should give proper notice, which is whatever is stipulated in your contract, so that no one can accuse you of not playing by the rules. Then you'll be free to go wherever you want. If you just run out, you will be screwing up the school, and possibly screwing yourself, as they will try to get you blacklisted.
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trukesehammer



Joined: 25 Mar 2003
Posts: 168
Location: The Vatican

PostPosted: Thu Oct 26, 2006 9:26 am    Post subject: Reply with quote



Sorry to hear about your hippo riding troubles. You might want to check to see if Hess still has that 30-day escape clause. It sure saved my overeducated, underfunded butt. Cool
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BigWally



Joined: 07 Jun 2006
Posts: 765
Location: Ottawa, CAN (prev. Kaohsiung "the Dirty South")

PostPosted: Fri Oct 27, 2006 2:34 am    Post subject: Reply with quote

Laughing sorry about the misfortunes...i've heard so many differing opinions on Hess it seems to depend on the person if its for them or not....i guess thats the risk you run with any chain operation...for some people its good, for others it can be the devil Twisted Evil
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SanChong



Joined: 22 Nov 2005
Posts: 335

PostPosted: Fri Oct 27, 2006 2:50 am    Post subject: Reply with quote

I'd second Dangerous Apple's suggestions. Remember, no matter what your feelings towards the school, your students, the kids do matter.

Make sure that the school has time to get a replacement for you. If you give your proper notice and handle it in a professional way, you should be able to part ways without leaving any hard feelings on either side.
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markholmes



Joined: 21 Jun 2004
Posts: 661
Location: Wengehua

PostPosted: Sat Oct 28, 2006 5:47 am    Post subject: Reply with quote

Correct me if I'm wrong, but I thought you could apply for another job, have them added to your ARC and then resign from the first job, thus negating the need to leave the country. This was discussed at length 18 months / two years ago, but is rarely mentioned now (as I said then, I suspect that in practice this rarely happens).

What's the deal with that?
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Toe Save



Joined: 04 Oct 2004
Posts: 202
Location: 'tween the pipes.........

PostPosted: Sat Oct 28, 2006 7:32 am    Post subject: Reply with quote

markholmes wrote:
Correct me if I'm wrong, but I thought you could apply for another job, have them added to your ARC and then resign from the first job, thus negating the need to leave the country. This was discussed at length 18 months / two years ago, but is rarely mentioned now (as I said then, I suspect that in practice this rarely happens).

What's the deal with that?


We have a teacher going thru this very process you speak of Mark. He must get permission from his original sponsor to apply for a 2nd work permit. He then must be given a minimum of 6 hours from the 2nd sponsor.

Of course, ymmv according to the person you speak to. This is what one person at the CLA told us last week. It may have changed by now.
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BigWally



Joined: 07 Jun 2006
Posts: 765
Location: Ottawa, CAN (prev. Kaohsiung "the Dirty South")

PostPosted: Sat Oct 28, 2006 9:53 am    Post subject: Reply with quote

Toe Save wrote:
markholmes wrote:
Correct me if I'm wrong, but I thought you could apply for another job, have them added to your ARC and then resign from the first job, thus negating the need to leave the country. This was discussed at length 18 months / two years ago, but is rarely mentioned now (as I said then, I suspect that in practice this rarely happens).

What's the deal with that?


We have a teacher going thru this very process you speak of Mark. He must get permission from his original sponsor to apply for a 2nd work permit. He then must be given a minimum of 6 hours from the 2nd sponsor.

Of course, ymmv according to the person you speak to. This is what one person at the CLA told us last week. It may have changed by now.


employers allowed on your ARC - 2
total Max hours allowed to work - 32
minimum hours from each employer - 6
getting your 1st employer to sign off on the 2nd - priceless
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Toe Save



Joined: 04 Oct 2004
Posts: 202
Location: 'tween the pipes.........

PostPosted: Sat Oct 28, 2006 10:41 am    Post subject: Reply with quote

BigWally wrote:
Toe Save wrote:
markholmes wrote:
Correct me if I'm wrong, but I thought you could apply for another job, have them added to your ARC and then resign from the first job, thus negating the need to leave the country. This was discussed at length 18 months / two years ago, but is rarely mentioned now (as I said then, I suspect that in practice this rarely happens).

What's the deal with that?


We have a teacher going thru this very process you speak of Mark. He must get permission from his original sponsor to apply for a 2nd work permit. He then must be given a minimum of 6 hours from the 2nd sponsor.

Of course, ymmv according to the person you speak to. This is what one person at the CLA told us last week. It may have changed by now.


employers allowed on your ARC - 2
total Max hours allowed to work - 32
minimum hours from each employer - 6
getting your 1st employer to sign off on the 2nd - priceless


Cute. Cool

But wrong. Razz

You can have up to 4 work permits. Exclamation This includes volunteerism. Idea
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BigWally



Joined: 07 Jun 2006
Posts: 765
Location: Ottawa, CAN (prev. Kaohsiung "the Dirty South")

PostPosted: Sat Oct 28, 2006 10:58 am    Post subject: Reply with quote

i already do enough volun-told-ism Cool at my current job to have time to go and give away more of my day for free....

not that i dont think the people who do it arent awesome....but there's only so many hours in a day
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blateson



Joined: 12 Mar 2006
Posts: 144

PostPosted: Sat Oct 28, 2006 4:39 pm    Post subject: Reply with quote

Under Hess rules if you quit either in your first month or after it you are subject to a $20,000 fee and you must leave the country with WP/ARC canceled. This fee will equal nearly all of your first payday. Secondly under Hess rules you are not supposed to have another employer, ONLY Hess but with exceptions on what your branch will let you do. Mine implied "no other school." That's an interesting question, would you be able to get a second school on an ARC without having to inform the first?

Questions:

Is it even legal that Hess has the right to prevent you from getting another school on your ARC? Is that legal?

Is it even legal that Hess can keep $20,000 of the only money you've worked hard for and will definately need while so far away from home? Is it legal to keep your money because either you didn't work out well for the school or they decide not to keep you?
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clark.w.griswald



Joined: 06 Dec 2004
Posts: 2056

PostPosted: Sun Oct 29, 2006 2:53 am    Post subject: Reply with quote

Personally, while I can see some concerns about it being unreasonable for a school to prohibit outside work, I don't think that it is altogether that unreasonable. If I were an employer I would want to know that my employees were 100% committed to me and I think that Hess probably has two valid concerns with teachers working at other schools:

a) that other work could clash with the work that they want you to do;
b) Hess invests in training and curriculum which you could be using in your work at that other school

Of course any work outside of Hess is likely to pay more than the work inside Hess and there will always be a temptation to pick up more work outside their company than in. I believe howevere that the training, curriculum, and other benefits offered by Hess help make up for the lower wage, and at the end of your contract you can take that knowledge and get a higher paying job elsewhere.

The important thing for me though is that it seems Hess states their requirements clearly upfront and I assume that the same is contained in the contract that you signed. If you have agreed to these terms they are legally binding upon you just as the wage that you agreed to in that contract is legally binding on the employer. You would probably not like the employer to turn around and say that although the contract states NTD550 an hour that they have decided that they are now only going to pay you NTD300, so equally they should not have to accept that while you originally agreed not to undertake work outside their school, now they have to accept this.

Contracts provide the guidelines that help to protect both parties.

blateson wrote:
Secondly under Hess rules you are not supposed to have another employer, ONLY Hess but with exceptions on what your branch will let you do. Mine implied "no other school." That's an interesting question, would you be able to get a second school on an ARC without having to inform the first?


If you want to earn more money can you perhaps talk with Hess about getting another Hess school added to your ARC so that you can legally work at two schools?

I was under the impression that you could get a second employer added to your ARC without the knowledge of your first employer, but others have stated otherwise and I am going to go with them on this. In your case though this probably does not matter as you would be in breach if you did so anyway and therefore liable to whatever breach penalty is stated in your contract.

blateson wrote:
Is it even legal that Hess has the right to prevent you from getting another school on your ARC? Is that legal?


Well it is not illegal so therefore it must be legal. A civil contract (employment contract) cannot override the law, but it is a legal agreement between two parties that is binding upon both parties. So if you agree to only work for them and not to work for a second employer then that is a legally binding agreement that you must fulfill. If you don't want to fulfill this then you can talk with the other party about dissolving the agreement, or you can breach the agreement and wear the damages for doing this.

blateson wrote:
Is it even legal that Hess can keep $20,000 of the only money you've worked hard for and will definately need while so far away from home? Is it legal to keep your money because either you didn't work out well for the school or they decide not to keep you?


I assume that there is a clause in your contract regarding this that you read and agreed to by way of signing the contract. Legal or illegal considerations aside - why do you seem to think it just that you not be required to fulfill an agreement that you made? As I mentioned earlier there are certain obligations under the contract that the employer must fulfill such as paying you for your work, so how would you feel if they turned around and said that despite having an agreement to pay you they have now decided not to!

In answer to your question though, the upfront deduction of punitive penalties or indemnities is illegal according to the law. So therefore if Hess required you to pay a deposit or bond upon accepting employment with them then you could speak to the CLA regarding that. It is my understanding that Hess do not do this however.

What Hess is doing is fining you if you choose to breach the agreement that you entered into and this is a clear right and commonality in contract law. Most contracts have a breach clause within which states the penalties and obligations of the party that breaches the contract to the party who doesn't. The whole point of this is to prevent people from entering into contracts and then not completing them.

My advice to you is to stop looking for ways around an agreement that you have entered into in good faith. If you are unhappy with the situation then go to head office and speak with the person who signed you up. You never know, they may just find a solution that you can both be happy with.
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