Please look at Article 51 of the Employment Services Law. It does not say that foreigners have the same work rights as citizens. It actually says that certain classes of foreigners are exempt from the restrictions on types of work foreigners can do. I agree that this effectively means the same thing, but the wording is misleading.
I believe that’s correct. I also think that this hasn’t occurred to the people coming up with policy, nor the people enforcing it. I would bet a week’s salary that there is no law saying that a foreign national with the same work rights as a Taiwan citizen is precluded form working at kindergarten jobs.[/quote]
[quote=“Vannyel”]I think this is a great idea…of course, if you don’t want to be deported, blacklisted, etc. why don’t you just teach legally?
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Ummm, because nobody, including the people supposed to be making and enforcing the laws, knows what the hell they’re doing?
When I first started teaching kindergarten (13 years ago!) I went to the foreign police like a good boy and was told that there would be no problem as long as my bushiban signed a contract assigning me to teach at said kindergarten.
A few years ago there was a problem with the license of one kindy I was teaching at, which resulted in a raid by the MoE and FAP. The upshot was the MoE acknowleding that it wasn’t my fault, but giving my bushiban’s supervisor a stern warning that it was her responsibility to ensure that the kindy was legit before assigning one of her foreign teachers to work there.
Now we have the MoE claiming that it has never been legal for any foreigner to teach at any kindergarten.
Ummm, because nobody, including the people supposed to be making and enforcing the laws, knows what the hell they’re doing?
When I first started teaching kindergarten (13 years ago!) I went to the foreign police like a good boy and was told that there would be no problem as long as my buxiban signed a contract assigning me to teach at said kindergarten.
A few years ago there was a problem with the license of one kindy I was teaching at, which resulted in a raid by the MoE and FAP. The upshot was the MoE acknowleding that it wasn’t my fault, but giving my buxiban’s supervisor a stern warning that it was her responsibility to ensure that the kindy was legit before assigning one of her foreign teachers to work there.
Now we have the MoE claiming that it has never been legal for any foreigner to teach at any kindergarten.[/quote]
I think it’s different, as you implied, to try to follow the law as best as you can than to just ignore it because it’s too much trouble - like many people seem to do. A great example is overstaying your visa, sure it might happen to me in the future but it will be no fault of my own. I know the day my visit expires…I will either get it renewed or be on a flight out before midnight (yes, well before midnight to avoid any problems, I hope )
Anyway, I heard from a couple of different (and probably wrong) sources that the government is still in the fermenting and formulating policy stage regarding kindy work-and that there would be more direction from them toward the end of this year.
i asked when picking up my marriage ARC (what a bureaucratic hassle that was) from the county government what i was allowed to do in terms of work. as husband of an ROC citizen, they said i could work anywhere but in kindergardens, which were illegal for all foreign teachers to work at. this came after the switcheroo where working at kindy’s became legal for some 2 months (if it was on your ARC, and done thru your regular empoyer), and then illegal again.
i asked why, and got a shrug in response. doesn’t say if there is a law, but someone somewhere doesn’t want foreigners working in kindy’s.
[quote=“xtrain_01”]I asked when picking up my marriage ARC (what a bureaucratic hassle that was) from the county government what I was allowed to do in terms of work. as husband of an ROC citizen, they said I could work anywhere but in kindergardens, which were illegal for all foreign teachers to work at. this came after the switcheroo where working at kindy’s became legal for some 2 months (if it was on your ARC, and done through your regular empoyer), and then illegal again.
I asked why, and got a shrug in response. doesn’t say if there is a law, but someone somewhere doesn’t want foreigners working in kindy’s.[/quote]
Simply put, it has never been legal for kindergartens to teach English, so therefor no work permits for teaching English. The kindergartens are not meant to teach the half day classes, but do so out of business concerns from the Jonses whose kid’s have to stay ahead of the pack.
I was teaching at a kindergarten a few years back in Hsing Kang… 400 kids… FAP turn up… the South African Teacher hides on the roof…
Me… sooooryy … I’m an ROC national hehehehe They told us another school had complained about illegal teachers hehehe… We all know it’s illegal but money talks…
I believe that’s correct. I also think that this hasn’t occurred to the people coming up with policy, nor the people enforcing it. I would bet a week’s salary that there is no law saying that a foreign national with the same work rights as a Taiwan citizen is precluded form working at kindergarten jobs.[/quote]
Based on the Employment Services Act, I agree with Maoman’s interpretation.
I am not sure what they are called, FAP?? Well, anyway last week they stopped by my wife’s school I guess for a random check… We are not a kindy, but we do have a small class of 4 that are between the ages of 4-6 that I teach for 3 hours in the afternoon (after their chinese kindy). I did not stop teaching and after my wife showed them a copy of my ARC I received from marrying her the guy said everything was OK…
Also, in our instance, all 4 of the kids have either Canadian Passports or American Passports along with their Taiwanese passports… Even if they did decide to take action, could they do anything considering that English is also their native language??
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