ARC, second job and contract clauses

tealit.com/arc_transfers_and … etters.htm

Ok, the link above seems pretty straight forward, but what if your first employers contract has a clause about a worker not accepting any other employment in Taiwan (you can’t work for anyone else). By bringing on a second employer for an ARC haven’t you broken the contract and would face cancellation of your work permit and ARC??? Or is this another issue altogether?

Could an employer stop his employee from being able to do this, legally that is???

Anyone got a take on this?

I guess if you break your contract and get fired, you lose your ARC. I don’t see your problem. And I think it’s fair clause in a full time job that you don’t share your time and loyality with another company, or even competitor.

See, that’s the problem. There are no ARC transfers anymore so you only have this second employer as an option.

It’s not a problem to me since I don’t need a work permit and, well, I am the one dishing out the contracts and selecting the teachers. I wouldn’t enforce my other employer clause too heavily, well, only if the teacher didn’t give proper notice.

So, I don’t really see the point of the CLA having this kind of option, I mean, any job worth having is not going to let you moonlight.

What I need to know is, for the protection of the employer and the employee, what are the ins and outs, ups and downs, of this kind of situation and would an employee get away with it should the employer want to enforce a “no second job” clause.

I think this could be something for any prospective teacher to consider before signing any contract and really make sure that you will stay with your school for a year if they want you exclusively.

[quote=“Bassman”]http://www.tealit.com/arc_transfers_and_release_letters.htm
what if your first employers contract has a clause about a worker not accepting any other employment in Taiwan … By bringing on a second employer for an ARC haven’t you broken the contract and would face cancellation of your work permit and ARC??? Or is this another issue altogether?[/quote]

I would say they’re two different issues. If your contract has a clause forbidding second jobs, and you get one anyway, you are in breach of contract, and may potentially be subject to such civil penalties as apply in that case. However, the contract is a private affair between you and the employer, and doesn’t involve violation of any regulations governing your visa or ARC. If your first employer fires you for breach of contract and cancels your work permit, as long as you have that second work permit from your other employer (and your ARC has been amended at the local FAP to reflect your multiple WPs), your ARC and visa should be safe.

Lee Kaiwen, Chiayi