Employment Contract: leave of absence?

Legal Legal - Work
1

MY CURRENT SITUATION

I’ve been in Taiwan for about 15 months. I work legally with an ARC and work permit provided by my school per our contract. I have signed another one year contract and they have just renewed my ARC for the second year.

That’s all fine.

The problem is that I just found out that I need to go back home in January for five months because of family obligations.

A leave of absence is out of the question as the maximum amount of time I could take is one month. I don’t want to burn any bridges, so I plan to give the school one month notice of my departure.

Our contract states that if I commit a breach of contract the school will cancel their sponsorship of my ARC with the respective Taiwanese immigration authorities. That’s fine. I want to come back to Taiwan after the five months to work but not at the same school as I’m at right now. I plan to return on a vistor’s visa and start the ARC procedure again. Just like I did the first time I came here.

I’m worried that if I quit there could be some complications getting a work visa at the new school in five months. What steps can I take to make certain a smooth transistion when I return? I’ve heard that foriegners need to be released from their work permit to work at an other school after quiting. Do I need to be released? Is my ARC and work permit connected? Who do I contact to get solid information? What about the ‘blacklist’? Does it really exist or is it just a truncheon that schools hold over teachers’ heads?

Any information would be appreciated. Thank-you

Christopher

2

Sorry I can’t help you on your question, but maybe you can help me.

Does your school know that you want to break your contract? Do you know if you’ll get a fine or if it will cause problems when you want to leave? Can or will your school withhold pay?

I think finding a new job when you come back would be really easy, but your present employers may make it difficult for you to get a new work permit. Maybe if you can demonstrate (to who I don’t know) that you had a good reason for leaving in the first place.

3

I say the school will do what it wants, they always do! There should be no problems leaving the country, I can’t see the government caring that you quit your job and are going home. You maybe “back listed” but I have a feeling that is abit of an urban legend. I have been here for over a year and talked to alot of people who have been threatened with no action. You will probably lose money, but thats about it, no one what to put in extra work just to screw you over. I left a job at an unfriendly school and all I lost was pay and a possible bonus. Everyones situations are different here in the ROC, but I wouldn’t worry to much. Best of luck!