HELP: Need Visa, but have ARC employer will terminate in a few days

Question1: Can I get a landing visa or apply for a visitor visa while my ARC is still valid? Or do I have to wait for it to expire, then leave? I quit my job and my employer will terminate it in a few days, but I’d rather not wait until the last minute. I want to make the run now. My initial visitor visa expired last month (not sure if it was cancelled when the ARC was issued)

Question 2: Should I sign a resignation letter? They told me they were going to deduct pay from my last paycheck per the terms of the contract. I told them I was going to go to CLA and they told me to go ahead. I know this behavior is illegal, but perhaps the resignation letter gives them some sort of legal edge. I asked what happens if I refuse to sign, they said they would cancel my ARC in three (3) days for failure to report to work (as per legal and contractual/requirement).

For those who are interested, here’s what happened:
My school (Kojen) just instated a new director who is a total bitch. She bitched me out in front of a class for no other reason than to try to flex her muscle in front of a coteacher and slammed my teaching after I had been given good reviews (in writing) by past administrators observing my class. This new director was likely prejudiced against me by the old director, who didn’t like me since I complained to the head office about her scheduling and had it changed (she was having me come in to school to prep–UNPAID–on days when I had no classes). So I quit. As for me, I have money in the bank from my past work back in the States, I just used the job for my ARC. I might make a couple runs on the Keelung boat to get 30 day landing visas, or make a trip to HK and get a visitor visa. I came here to study Chinese, so I’ll likely not enroll in a school and get a longer visa that way. But perhaps the 60 or 90 day extendable visa would be sufficient.

Please, any advice is greatly appreciated!

You can come into Taiwan now for 90 days without a visa. But I’m not sure if you can change it to a work permit after ?? I am speaking from my experience 5-6 years ago maybe things have changed but when I quit HESS I needed the contract cancellation paper to get my new work permit.

They also threatened to take 20,000 from me. I went to a normal police station. I just walked in, they sent me to some guy a foreign affairs police. He called the school and I had my pay the next day. He even offered to call his friend who owned a school to see if she needed a Teacher. They were really nice and took care of everything.

I left before my arc expired and had no problem getting a visa in hong kong. It took over a month to cancel my ARC during that time I began the job search you could do the same the sent me a letter in the mail saying I had 14 days to leave. Then I left. Pretty sure they took my ARC from me when I went through customs. Good luck :slight_smile: !

I don’t have any answers , sorry.

But if they try to illegally deduct money, dont just threaten to go to CLA, actually do it. If enough corrupt bosses get their hands slapped, they won’t think they can break the law with impunity.

Sorry to hear about your situation however.

I am definitely not just threatening. I am going to do it and follow all the way through, even if for no other reason than pure academic interest.

It sounds like your first mistake was not recording your conversations once you recognized that things were going sour. Hard evidence of foul play is hard to collect after the fact, if any arises.

Visitor visas are for visits, and I think are tied to your landing date, so you can’t switch from an ARC to it directly. [color=#FF0000]But please wait for an expert to confirm this.[/color]

I gather that people switch to student visas, then back to work visas, as a common route, if they don’t want to leave the country. If you can enroll in a school that offers partial refunds in time and get your paperwork in order, since that is your objective anyway, it sounds like the smarter route.

Or you could convince a Taiwanese special someone to marry you. That could keep you here longer.

Kojen is playing by the rules in the latter respect. They need to get a termination notice from the government (to hire someone to replace you), and you need to get the termination notice on your terms (to be on good terms with immigration). It would be illegal for them to tell you to disappear, while they lie and say that you abandoned the company, and thus forced them to get another form which said that you abandoned your job and weren’t available to sign a resignation letter.

Just make sure that you read the notice carefully, and be sure that you’re not confessing to any malfeasance on your part in that resignation.

In the former respect, Kojen has to tell you why they’re deducting money from your paycheck, and you can make them cite the areas of the contract where they’ll make their deductions. The reasons for the deductions can be legal or illegal depending on their function (i.e. covering NHI and owed taxes is legal, while thinking you are a poopy-pants is not).

If you’ve worked there long enough, you may also qualify for severance pay. Kojen definitely won’t tell you this.

First: Labor Standards Act

These are the two relevant articles for you:

Article 26: An employer shall not make advance deduction of wages as penalty for breach of contract or as indemnity.
Article 78: An employer who violates the provisions of Articles 13, 17, 26, 50, 51 or Paragraph 1 of Article 55 shall be fined a sum more than N.T.$ 90,000 but less than N.T.$ 450,000.

Now, I would recommend going ahead and contacting the CLA. Easiest is to call them through the citizen’s help line 1999, or through the foreigner’s help line 0800-024-111. They will take your information, and let your employer know that they must pay up. If your contract includes stipulations about penalties for breach of contract, don’t worry about that just yet. You need to get your full salary first. If the school wants the penalty money, they can ask you for it after they have paid you in full, and if you feel that the school broke the contract in any way, shape, or form, then don’t give it to them. Let them take you to court and let the judge decide if you owe them that money or not. In most cases, you will get the penalty substantially reduced or thrown out altogether. If there is no penalty clause, then you have nothing to worry about anyway.

Secondly, since you already have an ARC, your visitor visa has been cancelled and was rendered ineffective the day you applied for your ARC. Now, when your ARC gets cancelled, if you have a pending case with the CLA or the courts, as described above, you will be allowed to stay at least until that is finished. If you have no cases pending, the rule was until recently that you had to leave the country within 15 days. I don’t have time to check right now because I’ve got to head out, but there has been talk recently of that changing to 90 days - which is plenty of time to find a new job. Check the boards and the government websites, or call the 0800 help line number to confirm whether you have 15 or 90 days once your ARC is cancelled.

If it’s 90, nothing to worry about, just move on with your life.

If it’s 15, just do a day-trip visa run to HK and back, and don’t bother picking up a visa. If you’re from one of the countries on the 90-day visa exempt list, which now includes the USA, just enter visa exempt and take your time to find a new job since you’ll have 90 days to get a new work permit.

Good luck!