ARC Extension for FOB?

Legal Visa & Residency
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Hey guys I’ve searched the forum thoroughly for all the info on this, and found a lot of helpful stuff. I plan on getting free legal consultation and asking the relevant government agencies as well, but just wanted to see if anyone had any evidence-based input. Here is my situation:

I am an American who entered the country about a month ago and JUST (a week ago) started a job in Tai Chung teaching English at a small Bu Xi Ban. They recruited me from overseas, I did the whole quarantine thing and now I’ve just received my ARC. Unfortunately, things reaaally aren’t working out for me at this school and I need to leave to find another job here asap. They haven’t done anything blatantly illegal as far as I know, but without getting into specifics, I just gotta go. The contract I signed is for a year, but I want to leave the job soon. Please don’t tell me “stick it out”. Contract says nothing about termination except that I can’t terminate the contract early, and if I do I’ll need to pay them a $15,000 NTD fine. Honestly, I am happy to pay them the fine at this point, if it means I can terminate the contract.

First question, is the typical year long Bu Xi Ban contract (with opportunity for renewal) considered a fixed term contract or a non-fixed term contract? I’ve seen advice suggesting both.

Second, given the type of contract I have, how much notice am I legally required to give? I’ve seen different guidelines based on the Labor Standards Act, but what I saw specified only when the contract was terminated after at least 3 months. What If I terminate the contract before 3 months of work? Can my employer legally refuse to terminate the contract?

Third, I really want to look for another teaching job in Taiwan, will I have any trouble getting the 6 month ARC extension given that I JUST got my ARC and only just started this job? I’m not sure how immigration will look upon this, or if they won’t care as long as I have my employment termination agreement.

Fourth, in a worst case scenario where my ARC gets cancelled and I can’t get the extension, what are my options? I really want to remain in Taiwan, I just need to find a different job.

If anyone can provide non-speculative advice or share their relevant experience with this kind of thing, I would really appreciate it!

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I had to do this once. 3 weeks into a job that sucked the big one. Immigration didn’t bat an eyelid.

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I think I’m gonna start a kindie chain called Bu Xi Ban. Who’s with me?

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Hey, great to hear! Thanks for sharing

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If you can’t find a valid reason for early termination, then that’s the type of penalty that would be enforceable if they were to sue you, though they wouldn’t necessarily bother. A quick search will reveal several past discussions about this subject.

First question, is the typical year long Bu Xi Ban contract (with opportunity for renewal) considered a fixed term contract or a non-fixed term contract? I’ve seen advice suggesting both.

It’s a fixed term contract. Even if it claims to be permanent, as a foreigner you don’t qualify for a permanent contract unless you’re a permanent resident, so the length of the contract is automatically shortened to whatever the length of your approved residency is.

If your contract gets renewed within X amount of time after termination, you are considered to be still employed, i.e. you keep your seniority, which makes a difference if you qualify for severance pay (which you don’t unless you perform a valid Art. 14 termination or the employer performs a valid Art. 11 or 13 termination), but it’s still a fixed term contract in the eyes of the law.

Second, given the type of contract I have, how much notice am I legally required to give? I’ve seen different guidelines based on the Labor Standards Act, but what I saw specified only when the contract was terminated after at least 3 months. What If I terminate the contract before 3 months of work? Can my employer legally refuse to terminate the contract?

You can’t terminate the contract, unless you have a valid reason for an Art. 14 termination (in which case there’s no notice period anyway). The other threads explain it in more detail.

If both parties agree to the termination, that’s fine, but it sounds like you won’t get that agreement without paying the penalty.

Third, I really want to look for another teaching job in Taiwan, will I have any trouble getting the 6 month ARC extension given that I JUST got my ARC and only just started this job? I’m not sure how immigration will look upon this, or if they won’t care as long as I have my employment termination agreement.

As long as the contract is legally terminated, and you apply for the six month extension right away, you should qualify like anyone else.

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Very helpful! Thanks so much. Coming from an at-will state in the U.S., the idea that a company can decline to accept my resignation is very foreign to me. Hopefully they’ll be willing to work something out.

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