So this part probably sounds familiar; I arrived in Taiwan in January this year, started up with a chain school and found myself hating it. However I had agreed to a contract that stipulated a security deposit, and on a side note endured a contract-signing meeting where my employer spent the better part of an hour painting a picture of the hell I’d be in if I quit the contract (I was fresh off the boat and desperate for a job, so the alarms bells went unnoticed).
After speaking to others and consulting the articles on Tealit (www.tealit.com/fines.deposits.main.htm), I was inspired to shop for another job under their radar, and once having secured a new ARC, gave my required two weeks notice. However I was threatened with being blacklisted, deported and never seeing my money if I went through with my decision. Thankfully I stuck to my guns but now they are sitting with my deposit money and while some may regard it as a paltry sum to pay for freedom, I fully intend to get it back. A friend found an incredibly useful lady at the Department of Labour who looks after foreigner’s concerns and she was of the opinion that I had a good case for an arbitration hearing (my contract had no rules regarding leaving, and as I understand the illegal nature of the deposit voids it as a penalty).
However said friend did make the point (and it was clearly intimated to him) that she was a labour inspector and therefore did have the power to deport me for working illegally (‘officially’ I never worked kindergarden - you know this story). What I’m worried about is going to an arbitration hearing with all my paperwork clearly showing that they are holding my money, but getting burned when the ‘unofficial’ side of the story comes to light. I probably should mention that I’m still ‘officially’ not working kindergarden.
If anyone has experience of going to one of these arbitration hearings under similiar conditions I would love to hear your input. Any other advice is more than welcome.
[quote]However said friend did make the point (and it was clearly intimated to him) that she was a labour inspector and therefore did have the power to deport me for working illegally (‘officially’ I never worked kindergarden - you know this story)…
[/quote]
ummmmhmmmm…
There is Black
There is White
There is Gray…
…You were already warned…
I would advise a polite but persistent “talk” with the school requesting the deposit back. The fact that you know about possible arbitration is a plus for your side, but perhaps the best way to use it would be by suggesting to the school that it would be better for everyone (don’t specify why it would be better for you, naturally) if the matter didn’t reach arbitration, because after all of course we can resolve this amicably…etc. etc.
Thank you Sean and Terry for your input. I’m sure that mentioning my intentions of seeking an arbitration hearing might be the speedier way of getting my money, but the hell that these guys put me through means that I really don’t want to sit in a room with them unless I have an official nearby who can tell my ex boss to sit down and shut up, and to be honest I would like to see him lose a bit more than face (not very mature, but I’m not really trying).
The point about them taking my side regardless of my working status is very reassuring, however my concern is still that they might come after me once the hearing is finished. I realise they need hard evidence to deport you but surely, hypothetically speaking, admitting to having worked kindergarden would be enough?
According to what you have written, you have been working with a work permit and ARC all along, so you are legal in that respect.
It has been your employers that assigned you to teach kindergarten, not you who chose to do so.
The government labour offices tend to favour the employee. The problem is that they have no power to enforce their rulings - only a court of law can do that. If your employer refuses to accept or act according to the labour office ruling, forcing you to go to court, you can apply for legal aid. The labour office can offer advice about that.
If you are still worried, approach a non-governmental pressure group such as the Labour Rights Association first.
I just assumed that you were, as this is a forum about Taiwan. Where are you based? Perhaps I could direct you to forums that deal with those countries?
I just want to check something out with everyone. Can anyone give a clear answer as to how people are blacklisted? My school threatened a teacher who used to work here with this.
