Need help asap please - Termination of contract - moving schools - Extended ARC

[BuenoEnglis]

Hi guys

Ive read around a little and Im just looking for some experienced advice / some confirmations of the information Ive found. PLEASE HELP. Ive read around, and just thought writing in to a forum would do me much better.

Im an English teacher at a chain school bushiban in Kaohsiung, and Ive been offered another job in Hualien teaching English with a better paying deal, in a better location.
Now, I wasn’t unhappy at my bushiban or looking for new work as Ive only been there just OVER 3 MONTHS now. I was merely traveling the east coast and things fell into place for all Ive ever wanted in life to manifest.

Now I need to know, what is the best way for me to leave my current bushiban in Kaohsiung city without stepping on any toes and making a smooth transition to the little school in Hualien County without having to do any visa runs.

WHAT IVE FOUND: Please help/ advise / confirm

OPTION 1: I can leave my current school, terminate my contract, take the termination of contract to the immigration office, along with other documents such as a letter of explanation (Written or typed?) passport and photos etc - and apply for a temporary ARC which could be extended up to 6 months. Thus enabling me not to have to leave the country, with my resident permit and ARC still in tact. This will help me to smoothly transition into my lined up offer. Thus said, my current work permit will be terminated, so my new school should apply for the new work permit ASAP and this could take up to 2 weeks to process before I can start working legally?

Q 1 - Do I have to apply for the 6 month extended ARC at the immigration office in my current city Kaohsiung ? Or would it be ok to move to the east coast and apply for it there?
As I am given 2 WEEKS BEFORE MY ARC IS TERMINATED?
I could still move in a day or two, and visit the immigration office in my new city?
And wait 2 weeks there for my new ARC, else Id still be stuck in Kaohsiung for 2 weeks awaiting my new extended ARC so I don’t get kicked out of the country.

Q 2 - At my current chain school bushiban the penalty for breaking contract is 30 000 NT, which is more than I can afford. Is there any way that I could get out of this penalty? I know that the contract I signed is not legally binding, so they couldn’t actually take civil action against me. —> but it is a contract that I signed and agreed to. (I didn’t count on breaking contract at all, I was pretty committed)
This isn’t legal and by law they are not permitted to with hold my money or demand compensation unless Ive done substantial financial damage to the country. Am I still forced to somehow pay this penalty?

Q 3 - Since Ive worked for more than 3 months but less than 1 year, I am responsible for giving 10 days notice before quitting.
However I am afraid that this will jeopardize me receiving my last pay cheque and it might be with held.
Would it be ok to cancel my contract after pay day, being on the 15th of every month, and not request to get paid the 15 days I wasn’t paid for that month that I already worked but is counted to my next pay cheque?

—With giving no notice but terminating my contract and having the TOE contract signed would it be possible to get out of paying the 30 000 NT and instead letting them keep the 15 days I won’t get paid for?
(Not demand the 15 days I worked that I won’t get paid for in exchange for paying the penalty)

OPTION 2: I can sign on my second school as a part - time school with my current school still the main holder of my ARC. I can then move to the second school and drop my current school by terminating the contract and then applying for a new full time work permit with school 2 that would ultimately then get the work permit for me and be the holder of my ARC then.

Q 1 - How can I sign on another “part time job” on my ARC without having school 1 getting notified about me signing on another employer to my ARC ??
Surely this will complicate matters if I haven’t communicated yet that I will be leaving.

Q 2 - How can I sign on a part time job in Hualien when my residency and current work permit and job is registered to Kaohsiung? Surely that doesn’t make sense and will ring bells at the immigration office.

OPTION 3: Communicate to my recruiter and employer far in advance and explain my situation about how my entire dream came true somewhere else, an opportunity for my life passion to come to life, and maybe even aid them in finding a replacement. I can do this and hope that they take it in good spirit and help me in my transition without demanding TAX being returned and penalties paid.

So what do you guys think? Would REALLY love some help ASAP as the ball has to start rolling immediately to get everything in order.

IE. I would like to move schools, without paying too much money as moving costs will already be lots to bare since Ive only been here for 3 probation month pay cheques. With moving schools, leaving the country is not an option or doing a visa run so I have to avoid that at all costs.

The transition to Hualien would have to take place in just over a month as they need me there mid June already. Would this be possible?

Feel free to just answer 1 question etc.
Any help would be greatly appreciated.

Peace love and happiness to all of you wonderful teachers doing an amazing job.
Namaste, the light that shines in me sees the light that shines in you
Have a lovely work day tomorrow and have a wonderful week further

Major love and thanks so much for your help and consideration
HELP NEEDED ASAP

HAHA

xxx

[yyy]

@BuenoEnglis

OPTION 1: I can leave my current school, terminate my contract,

I have to stop you right there. Does the contract say you can terminate it for no reason? I’m assuming your contract is for a fixed term (like one year), so unless the contract states otherwise, you can’t apply the notice period in the Labor Standards Act (that’s just for your employer, if laying you off, or for you if you have a non-fixed term contract).

If the employer mistreats e.g. by underpaying you, then you have a legitimate reason (Art. 14 of the LSA), and there’s no notice period. You could also have a legitimate reason under the Civil Code (Art. 488 or 489?), but that seems unlikely.

Q 2 - At my current chain school bushiban the penalty for breaking contract is 30 000 NT, which is more than I can afford. Is there any way that I could get out of this penalty? I know that the contract I signed is not legally binding, so they couldn’t actually take civil action against me. —> but it is a contract that I signed and agreed to. (I didn’t count on breaking contract at all, I was pretty committed)
This isn’t legal and by law they are not permitted to with hold my money or demand compensation unless Ive done substantial financial damage to the country. Am I still forced to somehow pay this penalty?

The LSA prohibits deducting the penalty from your salary (they can’t be “judge, jury and executioner”, so to speak), but who says the contract is not legally binding? If they file a civil suit against you and prove you breached the contract, 30k sounds reasonable.

—With giving no notice but terminating my contract and having the TOE contract signed

Don’t forget, you need to give notice one way or another, even if you don’t give advance notice. If you just run away, expect to have problems.

And what’s a TOE contract?

would it be possible to get out of paying the 30 000 NT and instead letting them keep the 15 days I won’t get paid for?

You can try to negotiate a settlement.

OPTION 2: I can sign on my second school as a part - time school with my current school still the main holder of my ARC. I can then move to the second school and drop my current school by terminating the contract and then applying for a new full time work permit with school 2 that would ultimately then get the work permit for me and be the holder of my ARC then.

Again, you’re assuming you can terminate the contract.

[quote]Q 1 - How can I sign on another “part time job” on my ARC without having school 1 getting notified about me signing on another employer to my ARC ??
Surely this will complicate matters if I haven’t communicated yet that I will be leaving.
[/quote]
If it’s an actual second job, the buxiban applies for the work permit, and as a buxiban teacher you’re subject to the minimum and maximum work hours (for “teaching related duties”), 14 hours min. for the first job and 6 hours min. for each subsequent job, 32 hours max. total.

[quote]Q 2 - How can I sign on a part time job in Hualien when my residency and current work permit and job is registered to Kaohsiung? Surely that doesn’t make sense and will ring bells at the immigration office.
[/quote]
I would say so.

[quote]OPTION 3: Communicate to my recruiter and employer far in advance and explain my situation about how my entire dream came true somewhere else, an opportunity for my life passion to come to life, and maybe even aid them in finding a replacement. I can do this and hope that they take it in good spirit and help me in my transition without demanding TAX being returned and penalties paid.
[/quote]
You can try to negotiate a settlement.

You can always talk to the labor department, request an inspection if you think the buxiban is mistreating you or others, and request mediation if you want help negotiating a settlement. A request for inspections or mediation will take some time to process. I’m not sure if Kaohsiung offers “conciliation” (like mediation but less formal).