? pertaing to employment law

a hypothetical teacher “back home” stateside is looking to teach english in asia. he responds to some ads from schools in china/taiwan, etc. and the schools ask for the applicant to supply a photograph and inquire about his age. eventually in the sorting out process the schools double check and ask about his skin color.

while the school is in asia, the potential teacher is being recruited in the states. employers asking request for photographs to be included in the applicant’s file is illegal under US law as is asking about one’s age and race during the job seeking process.

the potential teacher is in america. are the schools obligated to respect the employment laws of the nations from which they hire teachers?

It is a good question.

One agency which deals with matters relating to “relations between Taiwan and overseas” is the Overseas Chinese Affairs Commission. You might want to inquire if they have promulgated any guidelines on these types of issues.

One thing about the photo’s, and I don’t condone the practice, is that a pre-employment interview is almost out of the question and it would appear that the employer tries to gather as much information as they can instead of the interview. Me, I think I’d rather have someone in the home country handle the interview process for me.

[quote=“skeptic yank”]a hypothetical teacher “back home” stateside is looking to teach English in Asia. he responds to some ads from schools in China/taiwan, etc. and the schools ask for the applicant to supply a photograph and inquire about his age. eventually in the sorting out process the schools double check and ask about his skin color.

while the school is in Asia, the potential teacher is being recruited in the states. employers asking request for photographs to be included in the applicant’s file is illegal under US law as is asking about one’s age and race during the job seeking process.

the potential teacher is in America. are the schools obligated to respect the employment laws of the nations from which they hire teachers?[/quote]

The employment will take place in Taiwan. The employer is a Taiwan entity. The employment contract will be governed by Taiwan law. The Taiwan courts will have jurisdiction over any disputes that arise in connection with the employment or the employment contract.

I don’t see why US employment laws would apply.

[quote=“skeptic yank”]a hypothetical teacher “back home” stateside is looking to teach English in Asia. he responds to some ads from schools in China/taiwan, etc. and the schools ask for the applicant to supply a photograph and inquire about his age. eventually in the sorting out process the schools double check and ask about his skin color.

while the school is in Asia, the potential teacher is being recruited in the states. employers asking request for photographs to be included in the applicant’s file is illegal under US law as is asking about one’s age and race during the job seeking process.

the potential teacher is in America. are the schools obligated to respect the employment laws of the nations from which they hire teachers?[/quote]

If they sign contracts in the USA yes. But Taiwan is not part of the USA so if they ask you supply. If you don’t get the job because you didnt supply a photo tough luck.

If the contract to be signed here then follow the requirements set here. Most local applicants suplly photos for jobs here. Standard practice.

Is this hypothetical teacher worried that skin colour might be an issue?

no, the hypothetical really is hypothetical.

just seems to my ignorant self that where one is recruited/signs a contract would have precedence.

Taiwan is either a sovereign or a POC :smiley:. ROC employers are not bounded by U.S. employment law.

I think as you go down the road with a potential employer, you’ll find far many more reasons to worry about their violation of explicit provisions Taiwan law, e.g. EEIL (Entry Exit Immigration Law) and framework law for employment.

Wait & see how your employer treats this matter:

Foreign nationals coming to Taiwan for employment should enter ROC under a resident visa. A resident visa is issued by CLA upon application by employer. TECRO consular officials may (will? lawyers?) a resident visa upon submission of CLA work-permit, appropriate accompanying documents, and $100 US.

See if that’s the route employe chooses or if he tells you to come on over on visitor or just enter ROC on landing visa.