I’m moving to teach in another school, so I’ve given a formal resignation to my current school, stating that I’m willing to pay the contract penalty. My contract them is still up to next year but i just can’t stand it anymore!!! I really want to leave my job properly. However, when i approach my boss, she doesn’t accept my resignation and said even if I pay back the penalty fee, they won’t give me clearance, so I won’t be able to transfer to another job…
The new school says the clearance from my current school is required for them to apply a new work permit for me. What action/options can I take from here? Is clearance really required to have a new work permit (… which I understand is the termination letter… right?)
A. During the duration of the work permit, if a foreigner needs to change employer, or is employed by two or more employers, the new employer(s) must submit an application for a new work permit for the foreign worker.
B. When a foreigner applies to work for a new employer, the new employer must also submit documents concerning the foreigner’s termination of employment from the previous company.
C. Foreigners who are categorized as professionals in the ROC cannot change status to blue-collar foreign labor workers, who work by the express permit of the R.O.C government.
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Thanks for that link…and now knowing the termination letter is a sure requirement, [color=blue]What options do i have to be able change to another school? What rights do foreign teachers have in terms of resigning?[/color] I’m paying the contract penalty but she doesn’t want to accept that … which means she’ll keep me stuck with her school. I’m wondering, are the school’s actions legal? My contract includes this statement that leaving earlier than end of contract requires the penalty fee … so, it seems to me she’s taking it personally and the school is not honoring the contract rules for me to leave properly.
This is an interesting question. I suggest you go and seek advice directly from the Council of Labor Affairs on Yanping North Road, Taibei City and tell us what happens.
10346台北市大同區延平北路2段83號
No. 83, Yanping North Road, Section 2, Datong District, Taibei City 10346
Click here and scroll about a quarter of the way down the page for a partial list of local government labour affairs bureaux.
Rules requiring release from a previous employer currently apply only to blue collar workers. Professional foreign workers do not need permission from a previous employer to take a new job. The new employer will apply for the work permit without any documentation from the original employer. It is the same procedure as taking on a work permit for a second job.
[color=darkblue]Moderator’s note: I am afraid that I have to make the following comment – According to everything I have heard in the last seven or eight years, I have reason to seriously doubt the accuracy of this information.[/color]
The most important thing is not to leave without giving notice. If you do this then you may end up being blacklisted by the CLA which is now permanent and will prevent you from ever securing a work permit to teach here again.
Your school cannot stop you from leaving and they don’t need to accept your resignation. You just need to proove that you have given them at least 30 days notice of your intention to leave. The best way to do this is in writing by sending a registered letter to your boss and also sending an email about such.
Once your 30 days is up then you are free to leave minus any monetary penalty you may have agreed to and can find a new job. Your previous employer is required by law to cancel your work permit immediately upon you leaving and therefore you will need to start from scratch with your health check, visa, ARC etc. You no longer need a release letter to secure new work.
A better option is to secure a second job while you are still working at the first job and get them to apply for a work permit also. You can then add their name to your ARC and once this has been done you can resign from your current job and leave after the resignation period while maintaining your ARC and visa etc. Again you will need to pay any breach penalty you may have agreed to.
Feel free to go to the source and check this information out with the Council of Labor Affairs and be sure to report back on this.
The requirement to give notice is clearly reasonable - where the employer has met legal requirements, such as the 14 hours minimum. If the employer is in breach of contract and Taiwan law by providing less than that (in this case a maximum of nine hours a week, from the start of employment nearly a year ago), I imagine that it is not necessary to give any notice if the employee wants to take up legal employment with a new employer?
Also, it should not be necessary to get a letter of release from the old “illegal” employer? And can the illegal employer penalize the employee by refusing pay due for hours taught so far?
I agree with your logic here, but I think that it would be dangerous to make such an executive decision. To best protect yourself and ensure that you don’t get blacklisted you should give the appropriate notice. If you believe that your employer has not abided by the contract then seek a release from that contract through the CLA. If you act independantly then you could find yourself becoming the victim of an indpedendant blacklisting.
No letter of release is needed legal employer or not.
If the employer has provided a work permit then it is unlikely that they would be considered an illegal employer by the government. If you have a claim about contract breach then you need to take that matter up with the CLA, but contract breach does not always give you the right to choose to walk away from the contract. It depends upon the type and severity of the breach.
No employer can choose not to pay you for work done no matter what the circumstances of your leaving them. If however you have agreed to a breach penalty and are breaching your contract by leaving prematurely then the levying of such a penalty is perfectly legal.
yes, i have reported it to the CLA and they helped me draft a letter for my employer to sign in exchange for giving them the penalty fee. I’m still working in my current cram school, waiting for the new work permit from the other new school i’ll be working for. just to be sure, I will leave my present school when the new school says my work permit is ok then i’ll pay the school knowing i got a ready job waiting for me and there won’t be any threats to keep my ARC valid here in taiwan…