Why are they asking me to do this?

Legal Legal - Work
1

I am leaving a cram school for a better teaching position…I am breaking my contract unfortunately, but I’m not happy where I am and love the new opportunity I have.

My contract says verbatim:

If the employee, for an unexpected and unavoidable reason, needs to give an early resignation before the contract period ends, then he/she must give the employer one months’ prior notification in writing and help find a replacement before leaving.

Nowhere does it say I have to pay a penalty. I was scheduled to teach summer but I have found a replacement. I have given them written notification, simply stating that 30 days from now will be my last day. My boss is now asking me to put in writing that I am terminating the contract, and take full responsibility (whatever that means), and state the reason why I’m leaving. I also need to include that I was scheduled to teach summer school but now someone is taking my place.

My question is, why does she need all that in a resignation letter? In the US, a resignation letter is a two weeks notice saying, hey boss, thanks for the opportunity but I’ll be moving on in two weeks. No explanation or extra info needed. My bosses are the most sneaky liars so I’m always trying to find their hidden motive. Can they use this against me when my new employer applies for my ARC or somehow use this to con money out of my last paycheck?

Has anyone resigned from their contract prematurely? What was the procedure? What does CLA and Immigration need from in order for this to run much smoother? Would I contact CLA or Immigration for more clarification as to what they need to transfer the ARC?

Thanks for any help.

2

About to be in a similar situation, but off the top of my head the “full responsibility” could pertain to any penalty fees for ‘breaking’ the contract (money out of your last months check). I would not sign it unless you are certain to what it means (means in your employers eyes that is).

AFAIK, once you leave for your current school they will ‘cancel’ your ARC, so it is best to get that paperwork going now so it wont be a problem. You can have up to 4 schools on your ARC, with a total of 32 (might be 30)hours a week. Now for a school to ‘carry your ARC’ they have to claim 14 hours a week to the government. SO if your current school claims 14-15 hours a week, your new school can sign you up NOW at 14 hours and you will be in the clear ARC wise.

Good site for ARC information is:
evta.gov.tw

Good luck and keep us posted. SIGN NOTHING!

3

Here’s an example of their shadiness…

I gave them 30 days notice, so they said they will cancel my health insurance on the last day of the semester, June 29. However, they will cancel my ARC a few weeks later… 30 days from now. WHY would they do that you might ask? If they cancel my health insurance before month end, they dont have to pay for my health insurance for the month of June. My new employer would. As for the ARC, they’re taking their sweet time with it because they know the other school (not a cram school) is waiting for them to cancel, so they want to drag out this process as long as possible to in essence, sabotage.

What does my new employer need to start with the paperwork for my new ARC besides the usual photos, passport, degree? Do they need something specific from my current employer because they’re playing hardball, not willing to give me any paperwork or anything of the sort stating that my contract with them is terminated in July.

Also, since there is no monetary penalty stated in my contract and i did abide by the month notice policy, could they nail me with anything else to take money out of my last paycheck?

4

OP, read the evta.gov.tw site closely. You want to ADD the new school to your ARC, so you don’t want your present school to terminate their “association” (essentially a visa sponsorship) quickly… you need time for the new school to “sponsor” you. Put your effort on the new school, forget the old school.

5

Are they asking you to pay a penalty or just sign a piece of paper saying you left, and what you did by way of a replacement? I think they are right not to want to pay your full month of health insurance if you are going to another school. Why should they really? Also it’s probable that they are doing you a favour delaying your arc so that you can get the new one. When I had mine cancelled by one place I then had to fly out to Thailand to get a new visa to come back in for the new job. So actually I think your old school sound like they are trying to be fair to you. I could be wrong though.

6

they’re not asking me to pay a penalty straight out, but it doesnt make sense to have such a detailed resignation notice. i sent them a notice simply stating that 30 days from now, i wont be working there. they want me to add a reason why im leaving, and that im not teaching my scheduled summer classes and that someone is replacing me. why do they need all that? seems to me like they want evidence of some sort to pursue a penalty.

my old school is definitely not doing me a favor. in terms of adding a school, i would be taking a full time teaching position so i dont think my new school is trying to just simply be added, not enough hours left on my ARC to just add. i can check with them though.

in regards to my situation, would i need to contact CLA or immigration?

7
  1. Your school contract says, “an unexpected and unavoidable reason.” Is jumping ship to get a better deal either of those two conditions?
    2)[quote]seems to me like they want evidence of some sort to pursue a penalty. [/quote] Got a reason for this suspicion?
    3)[quote]it doesnt make sense to have such a detailed resignation notice.[/quote] Based on what? How many resignation letters have you had to write in Taiwan before?
  2. You need to apply for a new arc. If you do this without an arc then you are technically a visitor in Taiwan, and will have to leave again to get the working visa. If you apply for a new arc with a current one already in place then you won’t need to leave. I think I am correct in this case. So you could do things your way if you like, hand in a bit of paper that says, “I quit,” then go to your new place and in 6 weeks time get all pissed off cos you have to fly to Hong Kong for the night. OR… you could try finding out a little more, try being a little more compliant, and try not to leave on bad terms. I dunno how you are handling the situation at your current job, but you come across here, to me at least, as spiky and not really looking at things from a perspective other than your own desire to have your own way and to be allowed to have your own way.

Signed a contract, didn’t like it, broke contract, accused employer of being shady due to impatience and lack of knowledge. Have I got all of that correct? :smiley:

8

[quote=“Ovechkin”]they’re not asking me to pay a penalty straight out, but it doesnt make sense to have such a detailed resignation notice. i sent them a notice simply stating that 30 days from now, i wont be working there. they want me to add a reason why im leaving, and that im not teaching my scheduled summer classes and that someone is replacing me. why do they need all that? seems to me like they want evidence of some sort to pursue a penalty.

my old school is definitely not doing me a favor. in terms of adding a school, I would be taking a full time teaching position so I don’t think my new school is trying to just simply be added, not enough hours left on my ARC to just add. i can check with them though.

in regards to my situation, would I need to contact CLA or immigration?[/quote]
There are a couple of very useful summaries on Tealit about canceling contracts, the amount of notice required by law, and the easiest way to transition from one job to another without having to leave the country.

Leaving a job. This article details the amount of notice required by law to terminate a contract, which is based on how long you’ve been there. If your contract with the employer requires more than this, then you would probably need to follow that.

Adding a Second Job & Changing Jobs Toward the bottom of the page, there is a link for the standard Cancel Contract Agreement written by the CLA. Personally, this is the only document I’d be willing to sign. The reason for leaving is no one’s business.

9

[quote=“CraigTPE”][quote=“Ovechkin”]they’re not asking me to pay a penalty straight out, but it doesnt make sense to have such a detailed resignation notice. i sent them a notice simply stating that 30 days from now, i wont be working there. they want me to add a reason why im leaving, and that im not teaching my scheduled summer classes and that someone is replacing me. why do they need all that? seems to me like they want evidence of some sort to pursue a penalty.

my old school is definitely not doing me a favor. in terms of adding a school, I would be taking a full time teaching position so I don’t think my new school is trying to just simply be added, not enough hours left on my ARC to just add. i can check with them though.

in regards to my situation, would I need to contact CLA or immigration?[/quote]
There are a couple of very useful summaries on Tealit about canceling contracts, the amount of notice required by law, and the easiest way to transition from one job to another without having to leave the country.

Leaving a job. This article details the amount of notice required by law to terminate a contract, which is based on how long you’ve been there. If your contract with the employer requires more than this, then you would probably need to follow that.

Adding a Second Job & Changing Jobs Toward the bottom of the page, there is a link for the standard Cancel Contract Agreement written by the CLA. Personally, this is the only document I’d be willing to sign. The reason for leaving is no one’s business.[/quote]

Craig, thanks so much. Those links were very helpful. My bosses there are extremely uncooperative so getting the signed documents I need, I might need to contact the CLA. Nowhere does it say I need to state reason in my notice of resignation, so I’m confused as to why they’re trying to be the puppetmaster and tell me what to write in my notice of resignation. I simply sent an email to them saying that 30 days from now, I’m no longer working here. They said in order for them to cancel the work permit and ARC, they need a letter from me stating a reason…They’re a bunch of scammers, so I’m not willing to write or sign anything, regardless of what they tell me

10

[quote=“Ovechkin”]I am leaving a cram school for a better teaching position…I am breaking my contract unfortunately, but I’m not happy where I am and love the new opportunity I have.

My contract says verbatim:

If the employee, for an unexpected and unavoidable reason, needs to give an early resignation before the contract period ends, then he/she must give the employer one months’ prior notification in writing and help find a replacement before leaving.

Nowhere does it say I have to pay a penalty. I was scheduled to teach summer but I have found a replacement. I have given them written notification, simply stating that 30 days from now will be my last day. My boss is now asking me to put in writing that I am terminating the contract, and take full responsibility (whatever that means), and state the reason why I’m leaving. I also need to include that I was scheduled to teach summer school but now someone is taking my place.

My question is, why does she need all that in a resignation letter? In the US, a resignation letter is a two weeks notice saying, hey boss, thanks for the opportunity but I’ll be moving on in two weeks. No explanation or extra info needed. My bosses are the most sneaky liars so I’m always trying to find their hidden motive. Can they use this against me when my new employer applies for my ARC or somehow use this to con money out of my last paycheck?

Has anyone resigned from their contract prematurely? What was the procedure? What does CLA and Immigration need from in order for this to run much smoother? Would I contact CLA or Immigration for more clarification as to what they need to transfer the ARC?

Thanks for any help.[/quote]

Don’t do it !! They don’t need anything from you.

Just because you signed a contract doesn’t mean the boss can make you do anything. They don’t own you. Seriously, don’t sign: they can’t do anything legally to you for leaving now, but after you say you’re going to take on full responsibility, they will try to fine you and what not. DONT’ SIGN. And don’t help them find a new teacher, either.

What I can’t understand is why so many posters (superking here) are against breaking contracts. If you are unhappy at work, that’s a big deal; you spend a lot of time there. It’s best to find a better situation as soon as possible, which will make your daily life a lot more enjoyable. Bad employers lose employees and that’s how it should be. At my current job, there is an extremely rude manager (the typical cranky lady that the boss gives all his work too who works 12 hrs a day). Two Taiwanese employees have quit without notice and they all signed contacts because of this women’s abuse. At my first job here (Buxiban), all of the employees at the school quit before 6 months were over. By the time I left, most of their replacements had quit and several replacements of replacements had quit. Don’t let this school mess with you. Tell them you won’t sign anything at all. Maybe they’ll fire you and that will give you a bit of time to take a nice week-long visa run to Thailand or somewhere :slight_smile:

11

[quote=“archylgp”][quote=“Ovechkin”]I am leaving a cram school for a better teaching position…I am breaking my contract unfortunately, but I’m not happy where I am and love the new opportunity I have.

My contract says verbatim:

If the employee, for an unexpected and unavoidable reason, needs to give an early resignation before the contract period ends, then he/she must give the employer one months’ prior notification in writing and help find a replacement before leaving.

Nowhere does it say I have to pay a penalty. I was scheduled to teach summer but I have found a replacement. I have given them written notification, simply stating that 30 days from now will be my last day. My boss is now asking me to put in writing that I am terminating the contract, and take full responsibility (whatever that means), and state the reason why I’m leaving. I also need to include that I was scheduled to teach summer school but now someone is taking my place.

My question is, why does she need all that in a resignation letter? In the US, a resignation letter is a two weeks notice saying, hey boss, thanks for the opportunity but I’ll be moving on in two weeks. No explanation or extra info needed. My bosses are the most sneaky liars so I’m always trying to find their hidden motive. Can they use this against me when my new employer applies for my ARC or somehow use this to con money out of my last paycheck?

Has anyone resigned from their contract prematurely? What was the procedure? What does CLA and Immigration need from in order for this to run much smoother? Would I contact CLA or Immigration for more clarification as to what they need to transfer the ARC?

Thanks for any help.[/quote]

Don’t do it !! They don’t need anything from you.

Just because you signed a contract doesn’t mean the boss can make you do anything. They don’t own you. Seriously, don’t sign: they can’t do anything legally to you for leaving now, but after you say you’re going to take on full responsibility, they will try to fine you and what not. DONT’ SIGN. And don’t help them find a new teacher, either.

What I can’t understand is why so many posters (superking here) are against breaking contracts. If you are unhappy at work, that’s a big deal; you spend a lot of time there. It’s best to find a better situation as soon as possible, which will make your daily life a lot more enjoyable. Bad employers lose employees and that’s how it should be. At my current job, there is an extremely rude manager (the typical cranky lady that the boss gives all his work too who works 12 hrs a day). Two Taiwanese employees have quit without notice and they all signed contacts because of this women’s abuse. At my first job here (Buxiban), all of the employees at the school quit before 6 months were over. By the time I left, most of their replacements had quit and several replacements of replacements had quit. Don’t let this school mess with you. Tell them you won’t sign anything at all. Maybe they’ll fire you and that will give you a bit of time to take a nice week-long visa run to Thailand or somewhere :slight_smile:[/quote]

Yeah, that was my first instinct, which is why i told them i wasnt going to sign anything. They insist that my letter of resignation needs to state a reason. As I stated earlier, in the US, you simply say this is your 30 day notice and thats that. What does the CLA need to have my ARC cancelled from this school and transferred to my next job? They refuse to sign the termination agreement until I give them what they want in writing. I will be contacting CLA to ask specifically what I should do because my employer is not cooperating at all.

On that note…does anyone have the CLA office number in Taipei? They do speak English there yes?

12

[quote=“archylgp”]
What I can’t understand is why so many posters (superking here) are against breaking contracts.[/quote]

For me it is not exactly the breaking of the contract that is the issue, it is the stuff that goes along with it. I do not see Ovechkin providing an, 'unavoidable or unexpected reason," for this contract break. From there I fail to see why they won’t be compliant in a small matter, and why they are angry that the boss is engaging in tit for tat behaviour?

Changing a teacher in the middle of a term is not good for the children, the parents will complain and the boss will get it in the neck. All the teacher wants to do is skip merrily from one job to the next with no hassles. I have seen it many times. Imagine the shitcake that would be produced if the boss said, “I have found someone better, you have one month to find a new job.” Would that be ok? But that is what the OP is doing. Fair enough, they provide a new teacher, but what confidence can the boss place in this new person? 4 weeks from now they too might want to dance merrily into the night.

In non-teaching job then fine, contract break all you want and smear the words, “I quit,” on a rizzla paper using the yoke of a duck egg. But if you are going to leave a class of kids (or more than one class) in the lurch then you can expect the boss to be pissed off and for there to not be a smooth exit for you. I don’t see what harm adding a few extra words to your resignation letter can do to you? If it helps the boss and they in turn help you out a bit more then where is the harm?

I see things too much from my own perspective. It is a failing of mine. Feel free to rip into my post. :smiley:

13

At the risk of stating the obvious, we are in Taiwan, not the US, so it really doesn’t matter how it’s done in the US. In Taiwan, to cancel a contract, you need to sign the Cancel Contract Agreement, nothing more.

You don’t need to do anything with your current employer to add another employer. Please carefully read the links I gave you. You process a new work permit with the new employer, and do the paperwork to add them to your ARC. Your current employer is not involved in this process at all. You don’t need their cooperation. Also, by adding the new employer before dropping the old one, you don’t need to leave the country to complete the process.

14

As I suspected. :smiley:

So, Ovechkin, you can either decide your current boss is being a wanker by not cancelling your ARC or you can decide that your boss is doing you a massive bloody favour by not cancelling you ARC immediately.

15

my new job is ready to get the new ARC/work permit for me, but just need the old one to give me the cancel contract form signed. so from my point of view, for them to refuse to give me the cancel contract form, theyre being wankers. by law they have to do this, so i told them if i dont get it, i will get the CLA involved.

for the record, i’m not leaving the kids in the middle of the semester. the semester ends june 29 and i’m leaving in july. i was scheduled to teach during summer session but i have a coworker who wants to teach summer so i let him have it. that way i dont start summer and leave the kids hanging in the middle. i agree with u completely that u shouldnt leave the kids hanging…and i’m not. of course the boss will be pissed off…however, as stated before, if the employers simply treats their employees DECENTLY, there wouldn’t be such a high rate of turnover.

i will talk to my new school and see if they can simply be added to my ARC until the old employer sends in the termination paperwork. thanks for everyone’s help.

16

FWIW, it’s common for Taiwanese employees to make up a fake reason why they are leaving. Simply saying “I’m leaving” or “a better job has come along” generally doesn’t cut it here.

17

I think that time and distance from Taiwan has dulled your senses, SK :slight_smile: .

If the buxiban aren’t going to pull a “You owe us two weeks pay for early termination of contract” then I’ll eat my underpants. If I’m wrong then I’ll eat yours.

OP - don’t escalate this to the CLA. That should be a last resort. Also, don’t be upfront with them and say why you don’t want to sign their resignation letter. Just delay signing it for long enough to get your new school added to your ARC. Say you’ve got to take it home to check it first. Then leave it at home. Then lose it. Then go through the same process with the next one they give you.

18

Please read the links I gave you previously. You do not need anything from your current employer to add a second employer. Period. In fact, it’s to your benefit to add the second employer before your current employer terminates your contract, and therefore your ARC. Add your second employer, then have them fill out the necessary documents to become your sponsoring employer. Neither action requires anything from your current employer.

Once you get the new employer on your ARC, then give your current employer the cancel contract agreement. Nothing more.

19

I think that time and distance from Taiwan has dulled your senses, SK :slight_smile: .

If the buxiban aren’t going to pull a “You owe us two weeks pay for early termination of contract” then I’ll eat my underpants. If I’m wrong then I’ll eat yours.

OP - don’t escalate this to the CLA. That should be a last resort. Also, don’t be upfront with them and say why you don’t want to sign their resignation letter. Just delay signing it for long enough to get your new school added to your ARC. Say you’ve got to take it home to check it first. Then leave it at home. Then lose it. Then go through the same process with the next one they give you.[/quote]

i’d love to settle this in house and not get CLA involved but if theyre going to hold out on giving me the documentation i need by LAW, what choice do i have? also, by law, they cannot hold wages from your last paycheck. one call to CLA should have that taken care of. i told my bosses i’d like to leave on good terms but unfortunately, they dont want to go that route.

20

[quote=“tomthorne”]
I think that time and distance from Taiwan has dulled your senses, SK :slight_smile: .

If the buxiban aren’t going to pull a “You owe us two weeks pay for early termination of contract” then I’ll eat my underpants. If I’m wrong then I’ll eat yours. [/quote]

I suspect you are right TT old chap. Plus, the thought of having to eat your underpants is more than enough for me to leave all this alone! :smiley: You having to eat mine would be a treat for you, what with them smelling of roses. I’ve never had that two weeks thing pulled on me. Is it a new tactic in these austere times?

And to Ovechkin, I hope everything works out well for you. Pity your replacement. :slight_smile: You do not need the cancel contract form, as Craig has told you.