I’m currently working at a kindergarten in Taipei and have an ARC throuhg this school (though it’s actually an editors ARC, I am a teacher).
I have become a bit sick of the school and the way I am treated there and am thinking about leaving, especially as I want to further my Chinese studies and my kindergarten job is holding that back.
The problem is that if I quit my school before the contract is finished but still give them 45 days notice then I have to forfeit two weeks salary. The other option is to leave during Chinese New Year then I won’t lose any money.
If I did leave without giving the 45 days notice specified in my contract could they blacklist me from getting another ARC? Could this cause problems for me in the future?
I don’t want to do this to the school, but I have told them of my displeasure at my treatment and 45 days notice and half a months salary seems excessive.
Leaving without notice is the only way that I am aware of that you can get your name added to the CLA’s blacklist that prevents you from ever obtaining a work permit to teach in Taiwan again.
Therefore I would not recommend doing a runner.
According to the legislation, 30 days is the recommended amount of notice and I am unsure as to whether the school would be able to enforce the 45 day requirement or not. You could speak with the CLA to see whether the 30 day or 45 day notice period would apply in your case.
I would also try and negotiate with the school by saying that if you stay till the end of the notice period and help the new teacher settle in will they then give you all your money or at least most of it.
If they don’t agree however and the penalty is stated in your contract then I believe that you are legally bound to pay the penalty as you agreed to it when you signed the contract. It might be best to just write it off and concentrate on the time afterwards.
I also left my school in the middle of my second contract. According to the lawyer I used, if your contract specifies a penalty, you have to pay it. Also, the 30 days notice in writing applies only if your contract didn’t specify a notice period. In your case, if your contract says 45 days, that is what you will have to give them.
I would also strongly advise you to give your notice, in Chinese, via registered mail. Keep copies of all correspondence and receipts from the Post Office. I gave my school more than 30 days notice, but not in a registered letter. Three days after I started with my new school, the old school listed me as having absconded with the CLA. It cost me lots of hearings with the CLA and local labor bureau. It also cost me quite a substantial amount in lawyers fees. Fortunately for me, at the end of it all, I won because I had witnesses and the school was fined for sending false information to the CLA, but believe me, at some stage I even had local government councillors involved! It is stressful and unpleasant…or at least it could be. Play it safe and cover yourself by doing it the correct way.
Also, try to get an ARC from a new school before the old school cancels your old one. That way you don’t have to leave the country for a new visa.
I left my job without completing my contract several months back.
According to the CLA, if you just don’t turn up for work without contact for 72 hours then you will be put on the “blacklist”. If you just call them up after getting paid or something (sounds like that is what you are thinking) then you cannot be put on the list.
As far as paying any stipulated penalties goes i’m not sure. I guess it just depends on if it’s worth it to them to chase you down to make you pay the penalty.
Just tell them you have an emergency at home. You have to go back home and help with your family’s business because all the workers quit to go work for Wal Mart. Write it up and get them to sign it. Then just stay in Taiwan and, if confronted later just tell them that a relative won the lottery and they were able to hire more workers at a better wages. They should understand that you didn’t want to lose face and that you figured that they must have already found another teacher when asked why you didn’t call them to tell them that everything is ok now. Buhao yisi.
When you can’t beat 'em, go one up on 'em (or when in Rome…).
Wait, I just read your original post again. You don’ want to lose the 2 weeks. Hmm. You signed a contract that requires 45 days notice and, if you give them the proper notice, you also lose 2 weeks pay?
Well, then just do what I originally said. Just collect your pay and then say, “Oh, by the way…” There the ones who made such a silly contract.
And you’re the silly buggers who signed it… :loco: :loco: :loco: Seems you just don’t have honourable intentions of completing any contracts good or bad.
I’m in a similar predicament to the OP, I am considering a quit and then moving onto another job, what’s the deal? When I quit does that mean I have to make a visa run to HK get it extended? Or can I do it here in Taiwan?
If you already have an offer for another job then get them to start the paperwork and be added to your ARC. When that is finished then just quit the first job.
