I just found this article on Tealit. Does anyone know what’s going on? Why are ARC transfers no longer necessary? Will the present school release the teacher? Will it be more difficult to go to a new school prior to the end of a contract?
02/09/2004
On January 15th, 2004 the national Labor Affairs Council assumed responsibility for issuing foreign teacher’s work permits from local city and county Departments of Education. The resulting transfer has changed the landscape for foreign teachers working in Taiwan. One policy the Labor Affairs Council has reversed: ARC Transfers. They are now prohibited. But, with the new rules, they are now not necessary.
That’s right they are no longer neccessary. As stated in Article 53
Article 53
[color=red]Any employed foreign person who needs to change his employer or to be recruited to work for 2 or more than 2 employers within the permitted duration must request the prospective new employer to apply for permission to change. The prospective new employer shall prepare and provide documents of termination of previous contract. [/color]
Foreign workers who comply with Subparagraphs 1, 3 and 4 of Paragraph 1 of Article 51 and have obtain permission of the central competent authority may be exempted from the aforementioned restriction. [color=red]JFRV and APRC[/color]
Foreign workers who are employed for Subparagraphs 1 to 7 color=red[/color]of Paragraph 1 of Article 46 and apply for changing employers or jobs are forbidden to be employed under the categories of Subparagraph 8 to 11 [color=red](maids and labor)[/color] of the same paragraph.
However, foreign workers employed for work specified in Subparagraph 8 to 11 of Paragraph 1 of Article 46 shall not be allowed to change his employer or work. Exceptions may be provided for the situation prescribed in Paragraph 1 of Article 59 and permitted by the central competent authority.
Foreign workers who are permitted to change employers or work, the employment duration shall be accumulated and be restricted to Article 52.
It is now the prospective employers responsibility to cancel your previous contract. As per a telephone conversation with the CLA, You can leave your current job and as long as you have a new employer within 14 days you don’t need to leave the country, but your new school does need to apply for a new work permit.
Does this mean there’s none of this crap with obtaining a release from your old employer? Or does the new employer have to obtain it from the old one now?
Also, as regards having two jobs, does the second employer now do the process without consulting the first? Or does the first still have to give permission?
[quote=“impleased”]That’s right they are no longer neccessary. As stated in Article 53
Article 53
[color=red]The prospective new employer shall prepare and provide documents of termination of previous contract. [/color]
It seems that from the above statement a release may not be necessary. Can anyone confirm this? It doesn’t seem possible that the current employer need not have a say in the matter, especially if the teacher has not completed a running contract. There must be more to this.
Impleased: Can you give us a website where we can read these articles?
We currently have a teacher who quit his previous job, which his employer explicitly said “I will not tranfer your ARC” and canceled his work permit. The FAP said no problem gave him a 1 month extension to find a new job. We, the new employer, are applying for a new work permit. Paperwork is currently with the CLA. This is where we stand, so far no problems.