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No Going Back?

 
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juzstylin



Joined: 28 Mar 2004
Posts: 11
Location: Queens, NY

PostPosted: Fri Apr 23, 2004 4:01 am    Post subject: No Going Back? Reply with quote

I just accepted a position with a large language school in Taiwan. However, I did this because I didn't want my offer to expire and not be able to find another job. If one does come my way that sounds more attractive (either in Taiwan or even Japan), am I able to just tell the first company that I no longer want to work for them? I basically want to try to leverage the best possible position I can.


I've signed the contract and sent it in the mail already. I want to know if there are any legal implications or if this will mess up my visa for Taiwan.
Thx
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brian



Joined: 15 May 2003
Posts: 299

PostPosted: Fri Apr 23, 2004 11:13 am    Post subject: Reply with quote

While I am sure everyone can understand your motives behind doing things the way that you have done them, I do hope that you end up abiding by the agreement you have signed and taking on the work that you have agreed to do. I know that not all schools honor their agreements, but isn't really just a vicious circle. Surely if we, as foreigners, can do the responsible thing and become known as being responsible, then the chances of being ripped off can hopefully be reduced.

At the most the school could pursue you through civil action for breach of contract if you don't comply with the contract, and blacklist you through some of the unofficial avenues. But that is probably about as far as it could go. As they don't have a deposit from you they certainly can't withhold any of your money. And as they haen't as yet secured a work permit for you, I don't see that they could officially blacklist you. So as far as it all goes, you are pretty much in the clear whateer you do. As I stated earlier though, I personally hope that you do the right thing.

Possibly if you didn't feel ready to make a firm commitment to them, you should have expressed an interest in their job but just fallen short of actually signing a contract. The problem is that they will be expecting you to turn up for work on the agreed upon start date. They will no doubt prepare everything for you, and may even notify the parents and kids that you will becoming. This will cause some loss of face if you don't turn up in the end, and no doubt cause some aggravation to the school, which may affect the way that they deal with foreign teachers in the future.
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wood



Joined: 13 Apr 2004
Posts: 202

PostPosted: Sat Apr 24, 2004 10:01 am    Post subject: Re: No Going Back? Reply with quote

juzstylin wrote:
I just accepted a position with a large language school in Taiwan. However, I did this because I didn't want my offer to expire and not be able to find another job. If one does come my way that sounds more attractive (either in Taiwan or even Japan), am I able to just tell the first company that I no longer want to work for them? I basically want to try to leverage the best possible position I can.


I've signed the contract and sent it in the mail already. I want to know if there are any legal implications or if this will mess up my visa for Taiwan.
Thx


I can't imagine how it would mess up your visa for Taiwan. You'll still be coming over on a visitor visa, right? As far as I know, there is no connection between the people you signed the contract with and those issuing you the visa.

Legal implications? Not likely.

However, if you're anxious to get started working right away, the contract you signed may be your best bet. Did they guarantee you anything? Do they have a start date for your classes?
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TaoyuanSteve



Joined: 05 Feb 2003
Posts: 1028
Location: Taoyuan

PostPosted: Sat Apr 24, 2004 1:23 pm    Post subject: Reply with quote

Contracts here aren't as forceful here as they are in the west. They are, in fact, often worthless. If you want to back away before you arrive and start work, there is little likelihood anything will happen.

If you wanted to leverage for the best position possible, you'd come here and find your own job rather than taking one prior to arrival.
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juzstylin



Joined: 28 Mar 2004
Posts: 11
Location: Queens, NY

PostPosted: Sat Apr 24, 2004 8:07 pm    Post subject: Reply with quote

That's very good to hear. I was going to be originally coming on a visitors visa and was to have my working papers processed when I arrived. Not much has been written in stone. Aside from my minimum hours to be received, nothing has been guaranteed.

Basically, to keep the offer valid I must meet certain deadlines to submit documents. I'm assuming if I just disregard the rest of the documentation they require and intentionally not send any of it, I will no longer qualify for the position and will be free from the contract.
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Aristotle



Joined: 16 Jan 2003
Posts: 1388
Location: Taiwan

PostPosted: Mon Apr 26, 2004 4:46 am    Post subject: Reply with quote

If you signed the contract outside of Taiwan the company could sue you but would have to sue you in the place where you signed the contract.
In theory, it should have not effect on your visa application unless you applied for an ARC through your TECO office overseas.
In reality a large ESL franchise could use it's quanxi to have you blacklisted.
Good luck,
A.
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TaoyuanSteve



Joined: 05 Feb 2003
Posts: 1028
Location: Taoyuan

PostPosted: Mon Apr 26, 2004 1:21 pm    Post subject: Reply with quote

I think a lawsuit would be highly unlikely to a virtual impossibility. I don't know what percentage of prospective teachers get cold feet and decide not to leave their home countries at the last minute, but I imagine it must be fairly high. I don't think the school'd do anything if you told them you'd changed your mind about going to Taiwan. Often the "contract" you sign overseas is not worth the paper it's written on. For that matter, often the ones here aren't worth much either. Unless they've sent you airfare, don't worry about it very much. Just don't tell 'em you're thinking of another offer and that's why you're ditching them. Then they might get mad and start workin' the "guanxi".
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