Private School Refusing to Submit Cancel Contract Agreement

I just quit my job teaching at an “elite” private school yesterday morning. I had everything I needed with me and informed them that I needed the CCA signed and stamped with a seal.

After hemming and hawing about how they just can’t get that stamp today, they “promised” me that I will be able to pick it up Friday morning. I replied, “OK. I’ll inform the Bureau of Labor Affairs”.

Later, after I left, I’ve since gotten word that they are attempting to force me to pay their cancelation fees before allowing me to take the CCA. They also assert that I can’t go through the BLA because I’m a licensed teacher because “the LSA doesn’t apply”.

I have full documentation (either emails or voice recordings) of all this.

I am reasonably confident that they are required to provide me my CCA before we settle any outstanding fees (note: I am aware of how “enforceable” those are. That’s an aside at the moment), but I don’t know my correct course of action. As a licensed teacher in a contract/ labor dispute with a private school, is the correct gov agency the BLA or other as my former employer asserts?

I can’t offer any insight but please let us know how the situation developes.

I’d start with the labor bureau. That’s who I went to when I had a problem with a private school. A lot of basic work rights don’t exist if you work in a private school (they can force you to work as many hours as they want each day and for as many days in a row without breaks and not pay you overtime, for example), but that doesn’t mean you’re a slave to your school. You still have rights and the labor bureau is where I would start

That’s right. You are instead under the private schools act.

That’s not the reason. It is because you work for a private school.

What I suggest you do is check to see if your contract is written as “Buxiban” or “Private school” many have teachers registered under either one. My old private school gave us both an English contract and a Chinese contract. Due to some unknown reason (a limit on foreign staff? Tax?) half of the teachers were registered under the Buxban and others under the actual Elementary.

This meant that some staff on APRCs/JFRVs could sue the school for the unpaid 6% labor pension account and others couldn’t. I was able to claim for the 2 years they had me while I was on my JFRV on the buxiban contract.

Another co-worker had an APRC but was always on the Elementary contract and could get nothing and others were lucky. - I think the school is now more careful to put teachers with JFRVs and APRCs on the Elementary contract now lol.

Basically if you work for a Buxiban or Public school you are entitled to a 6% labor pension.

Private schools and public schools, you are not entitled to the LSA. (Special agreement for public schools 6% labor pension is an exemption)

Buxiban teachers are entitled to the full LSA like any other employee.

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They will certainly help you negotiate. However, if the contract says XXX then XXX is what applies. The LSA does not apply and @DagGummit has no “rights” under the LSA.

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(Except where the law says otherwise)

Sorry I should have specified (under the labor standards act)

This is something that deserves its own petition to be honest.

Update:

I’ve been calling around the EN service hotlines since before I’ve originally posted and the lack of clarity and consistency is apparent.

Via the Foreigners 1990 hotline I called yesterday, I was suggested to drop by my city’s NIA office to find out if there is alternative documentation to the CCA I can provide.

And since I have two emails from the employer’s HR saying

  1. They recognize the contract cancellation, but
  2. I “must” pay fees before they have over my CCA

I’m hoping that is adequate. I was also suggested to contact the MOE (city branch the “school” operates).

So, that’s going to be my day. Heading out to NIA with everything now.

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Update #2:

First, mini-vent about gov offices on Fridays. I arrived to NIA not long after 11am and ~#40 in the queue. 99.9% of my ~2 hours there was just waiting my turn. Oof

That said, getting there with what I had was precisely the thing I needed to do.

First off, I explained right off that I tried to get my employer to sign the CCA but they refused and that I have printed emails from them stating so. That said, I wouldn’t be surprised if I didn’t absolutely need those emails (but they did help and will continue to help a ton).

With that info and my ARC, the worker went to the back room. When he came back, he had a doc from the MOE (Ministry of Education – for non-licensed teachers, this would be from the Ministry of Labor) showing that my employer had not yet reported that I’m off the books.

He assured me the following:

  1. I am in the clear. I have done everything in my power by reporting to NIA with what I had and this protects me…
  2. My ARC status is perfectly fine and will be for a few weeks (because I reported to NIA immediately)
  3. I don’t need to follow up for “about a month” (his exact words to the best of my recollection). I should instead be focusing on finding a new job for now.
  4. I follow up with NIA after that month and will/ should only need to contact any other agency if my employer actually pursues the legal issues (and there is a long, long record that they specifically don’t).

Now… I have plenty of first and second-hand experience of how these types of things are not exactly cut-and-dry. As such, I my current plan is:

  1. Schedule an appt with LAF on Monday for whatever the next available day after that is and
  2. Follow up with the MOE by phone next Wednesday and probably every Wednesday (unless instructed otherwise by them)
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Good to see yourself availing of the NIA and other government departments.

Many companies just do not expect their employees to do so.

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It is indeed a pain, but nowhere near as much of a pain as dealing with an disturbingly toxic work environment.

I’ve dealt with the ‘norm’ in Taiwan and other Asian countries, but holy bejeebus. I’ve only heard stories about stuff this bad.

This is full-on labor and contract dispute… and I see no way we’d lose (especially when they put things like “we accept your resignation but we’re withholding your CCA” in writing).

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