|
Job Discussion Forums
"The Internet's Meeting Place for ESL/EFL Students and Teachers from Around the World!"
|
| View previous topic :: View next topic |
| Author |
Message |
Rooster_2006
Joined: 24 Sep 2007
Posts: 984
|
 Posted: Sat Mar 20, 2010 6:59 am Post subject: How do I force my boss to sign a Cancel Contract Agreement? |
 |
|
As required by my contract, I gave two months' notice. It has now been two months (three, actually).
Now she refuses to sign the Cancel Contract Agreement.
She is threatening to report me as a "runaway" if I don't continue to work for her.
Normally, I'd just go to the CLA or Labor Bureau and have them beat her into legal submission, since she is clearly in the legal wrong (it says two months' notice in our contract, which I observed).
However, if I do that, she can just report that I'm working elsewhere now (we are still working on the work permit at the new school) and I'LL be the one who gets screwed.
What on earth can I do to force her to give me a Cancel Contract Agreement without going to the CLA/Labor Bureau?
If she reports me as a runaway, I'm screwed, from what I understand. However, the only way not to be reported as a runaway is to meet her outrageous demands. |
|
| Back to top |
|
 |
creztor
Joined: 30 Dec 2009
Posts: 476
|
| Posted: Sat Mar 20, 2010 9:42 am Post subject: |
|
|
The problems never stop for you  Damn, Rooster. Well, you can't force her without some chance of payback. You already stated this... She refuses to sign... .What can you do? I really can't see any way out beyond helping her to find a replacement so you can leave? |
|
| Back to top |
|
|
Rooster_2006
Joined: 24 Sep 2007
Posts: 984
|
| Posted: Sat Mar 20, 2010 9:58 am Post subject: |
|
|
| creztor wrote: |
| I really can't see any way out beyond helping her to find a replacement so you can leave? |
...something which I offered to do, and she declined the offer.
Seriously man, I can't believe my bad luck. What the hell. EVERY F---ING TIME I THINK I'M GOING TO GET A BREAK, I GET SCREWED AGAIN.
I'm also AMAZED that Taiwanese immigration law gives so much power to the first ARC-sponsoring school. One insane woman can literally determine whether or not I work again in Taiwan, and there is basically no way to challenge her fraud without having her blackmail me or get me deported. I can't f---ing believe this.
I guess my only choice is to appease the vile b**** until I have the work permit complete for my new school. However, the vile b***** has been playing this game for 18 years without being put out of commission, so I don't have any confidence that the hell will end, even then.
JESUS, DOES THIS EVER STOP? DO I EVER GET A BREAK IN LIFE? WHEN THE HELL AM I GOING TO BE ALLOWED TO EARN MY US$1,000 A MONTH WITHOUT GOING THROUGH A LIVING HELL? IS THAT TOO MUCH TO F---ING ASK?
Sorry creztor, that outburst was not aimed at you.
I simply can't believe how things have panned out. Hess fired me. Then Amigo School clings to me and REFUSES to let me go by using blackmail! Make up your mind, schools! Do you want me, or not?
Just when I find a job that seems to be decent, that gives 15 hours a week, a monkey wrench is thrown in my work permit process by an insane former boss with an axe to grind. |
|
| Back to top |
|
|
creztor
Joined: 30 Dec 2009
Posts: 476
|
| Posted: Sat Mar 20, 2010 10:53 am Post subject: |
|
|
| No offense taken, Rooster. Sorry to hear you are having problems. Sadly I doubt anything will change with the employer who is causing you troubles. As I mentioned in another thread, if the Taiwanese government can't even enforce local labor laws to protect their own citizens, there is no hope for us and schools who enjoy taking advantages of foreigners like what you are experiencing right now. It sounds like you even tried to help her out by finding a replacement but she doesn't want any part of it. Maybe someone else has some suggestions on what to do, but it seems to me you are just going to have to bend over, pull your pants down and smile. Is the school that is doing this to you Amigo? |
|
| Back to top |
|
|
JZer
Joined: 16 Jan 2005
Posts: 3898
Location: Pittsburgh
|
| Posted: Sat Mar 20, 2010 11:14 am Post subject: Re: How do I force my boss to sign a Cancel Contract Agreeme |
|
|
| Rooster_2006 wrote: |
As required by my contract, I gave two months' notice. It has now been two months (three, actually).
Now she refuses to sign the Cancel Contract Agreement.
She is threatening to report me as a "runaway" if I don't continue to work for her.
Normally, I'd just go to the CLA or Labor Bureau and have them beat her into legal submission, since she is clearly in the legal wrong (it says two months' notice in our contract, which I observed).
However, if I do that, she can just report that I'm working elsewhere now (we are still working on the work permit at the new school) and I'LL be the one who gets screwed.
What on earth can I do to force her to give me a Cancel Contract Agreement without going to the CLA/Labor Bureau?
If she reports me as a runaway, I'm screwed, from what I understand. However, the only way not to be reported as a runaway is to meet her outrageous demands. |
Rooster,
This is an easy problem to solve. You can add your second employer to your ARC as a second employer. You do not need her permission to do that. Once that is done tell her you are leaving and if she refuses to sign you will file a complaint against the labor board. Whenever she signs the paper on her own or by force you can have the other employer on your ARC be switched to your ARC sponsor. |
|
| Back to top |
|
|
Rooster_2006
Joined: 24 Sep 2007
Posts: 984
|
| Posted: Sat Mar 20, 2010 11:54 am Post subject: Re: How do I force my boss to sign a Cancel Contract Agreeme |
|
|
| JZer wrote: |
| Rooster_2006 wrote: |
As required by my contract, I gave two months' notice. It has now been two months (three, actually).
Now she refuses to sign the Cancel Contract Agreement.
She is threatening to report me as a "runaway" if I don't continue to work for her.
Normally, I'd just go to the CLA or Labor Bureau and have them beat her into legal submission, since she is clearly in the legal wrong (it says two months' notice in our contract, which I observed).
However, if I do that, she can just report that I'm working elsewhere now (we are still working on the work permit at the new school) and I'LL be the one who gets screwed.
What on earth can I do to force her to give me a Cancel Contract Agreement without going to the CLA/Labor Bureau?
If she reports me as a runaway, I'm screwed, from what I understand. However, the only way not to be reported as a runaway is to meet her outrageous demands. |
Rooster,
This is an easy problem to solve. You can add your second employer to your ARC as a second employer. You do not need her permission to do that. |
True, but it takes ten days. I have a new medical check (that came out yesterday), but even if we file on Monday, that gives her ten days to f*** up my life via a runaway teacher report.
| Quote: |
| Once that is done tell her you are leaving and if she refuses to sign you will file a complaint against the labor board. |
I did exactly that. I gave her two months notice, and when I asked to sign a CCA, she simply refused. So I said "that's illegal, and if you report me as a runaway teacher, that is fraud because I told you two months in advance." However, she said that any attempt to notify the CLA/Labor Bureau of her fraud will simply end in her revealing that I worked at a school without a permit, and my deportation.
See, she's got me right where she wants me.
How do I get out of this stranglehold? |
|
| Back to top |
|
|
JZer
Joined: 16 Jan 2005
Posts: 3898
Location: Pittsburgh
|
| Posted: Sat Mar 20, 2010 3:20 pm Post subject: |
|
|
| Quote: |
| I did exactly that. I gave her two months notice, and when I asked to sign a CCA, she simply refused. So I said "that's illegal, and if you report me as a runaway teacher, that is fraud because I told you two months in advance." However, she said that any attempt to notify the CLA/Labor Bureau of her fraud will simply end in her revealing that I worked at a school without a permit, and my deportation. |
Well, let her file a runaway teacher report. As soon as they contact you tell them that you want to quit the job but that your boss will not sign the release form.
As for the threat about working at another school. If she does not know where they school is I wouldn't worry. Without any proof you cannot be deported.
P.S. You should try www.forumosa.com for legal advice. As you know I am not a lawyer in Taiwan. |
|
| Back to top |
|
|
JZer
Joined: 16 Jan 2005
Posts: 3898
Location: Pittsburgh
|
| Posted: Sat Mar 20, 2010 3:23 pm Post subject: |
|
|
| Quote: |
| True, but it takes ten days. I have a new medical check (that came out yesterday), but even if we file on Monday, that gives her ten days to f*** up my life via a runaway teacher report. |
I wouldn't worry too much. The immigration office is not likely to do anything in 10 tens even if she files a runaway teacher report. |
|
| Back to top |
|
|
Rooster_2006
Joined: 24 Sep 2007
Posts: 984
|
| Posted: Sat Mar 20, 2010 4:45 pm Post subject: |
|
|
| JZer wrote: |
| Quote: |
| I did exactly that. I gave her two months notice, and when I asked to sign a CCA, she simply refused. So I said "that's illegal, and if you report me as a runaway teacher, that is fraud because I told you two months in advance." However, she said that any attempt to notify the CLA/Labor Bureau of her fraud will simply end in her revealing that I worked at a school without a permit, and my deportation. |
Well, let her file a runaway teacher report. As soon as they contact you tell them that you want to quit the job but that your boss will not sign the release form.
As for the threat about working at another school. If she does not know where they school is I wouldn't worry. Without any proof you cannot be deported.
P.S. You should try www.forumosa.com for legal advice. As you know I am not a lawyer in Taiwan. |
Thanks JZer, that actually does make me feel better.
She claims to know which school I'm working at, which is what worries me. I suspect she's bluffing. I asked her "so what's my boss' name?" and she didn't respond. And in recent e-mails, she keeps saying "I don't want to talk to you anymore, I want to talk to your new boss." Well, why would she be saying that if she knew where I was working and could just contact her directly? I smell a bluff.
If she hasn't figured out where I'm working yet, then things will be great. When she brings up my "illegal" job, I can play coy and say "what job?"
Then I can proceed to f*** her up the legal arse. Delicious. |
|
| Back to top |
|
|
Insubordination
Joined: 07 Nov 2007
Posts: 394
Location: Sydney
|
| Posted: Sat Mar 20, 2010 11:17 pm Post subject: |
|
|
| Haha, she's definitely bluffing. Sounds like a spiteful nutbag. |
|
| Back to top |
|
|
JZer
Joined: 16 Jan 2005
Posts: 3898
Location: Pittsburgh
|
| Posted: Sun Mar 21, 2010 12:25 am Post subject: |
|
|
And unless she sends the immigration to the school to find you it is irrelevant. After you get the work permit for the new school, she can do what she wants.
P.S. I hope you have a copy of the two month notice that you gave her.
Actually once you have the new work permit you can do nothing. She can report you missing or cancel your ARC. No big deal either way if you have the proof that you gave her two months notice. If she cancels your ARC then you just have the second school become your primary employer.
It will take two to three weeks to cancel your ARC. She will need to send a paper to the labor office. It will take them five days to process that, then they will, I believe physically send a letter to the immigration office. It will take the immigration office a few days to process the cancellation of your work permit. At that time you will have seven days (maybe it is 10)I believe to leave Taiwan. I have received the letter before. |
|
| Back to top |
|
|
JZer
Joined: 16 Jan 2005
Posts: 3898
Location: Pittsburgh
|
| Posted: Sun Mar 21, 2010 12:37 am Post subject: |
|
|
You could bluff her and tell her you already have a second work permit for the new school and that if she reports you as a runaway you will present your documents and to immigration that you gave her a two month notice that you will quit. If your documents are in order it is irrelevant.
The only way that you can get in trouble is if she really knows the new school and tells immigration where you are working.
Just get that work permit application to the Bureau of Labor Affairs on Monday. |
|
| Back to top |
|
|
|
|
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
|
FAQ
Search
Memberlist
Usergroups
Register
Profile
Log in to check your private messages
Log in
