Switching to teach at a different school

Currently I have been teaching at cram for the past year and few months. I completed one contract with them and resigned this past April to teach for another year. One of my good friends who I have met here works at a very good school and they do not have openings very often. As of now they have an opening and my friend recommended me to their management. I interviewed and was offered the position. I normally do not like to break contracts and working permits, but this school has a lot of good opportunities and benefits and on average most foreign teachers have been there for 5 years. I have long term plans and goals in Taiwan and I just see myself at this other school long term than my current school.

I have done some research on canceling work permits and have a general idea of how the process will go. I was hoping some people could give me some advice who have been through a similar situation and help answer some of the following questions.

  1. I have read that if you have worked at a place for over a year but less than three you have to give a 20-day notice. I am signed on as a part time teacher, does this apply to my situation as well?

  2. Once the NIA cancels my ARC, how long do I have for my new school to apply for my work permit before I face potentially having to leave the country, which I want to avoid at all costs.

  3. I know I need my school and myself to sign a cancel of contract paper to give to the CLA, is there any other things my school needs to sign. I am worried that my current school will be upset with me. They have a high turnover rate of teachers, and they are the type of management that would do something sneaky out of revenge. I just want to be prepared in case they try anything sneaky to me.

Any other information or troubles I could potentially face would be much appreciated. Thank you

You may check Labour Standard Act of ROC.

You should apply for your new ARC, before your current ARC will be canceled.
Once you get a job termination agreement letter from your current school, your new school can apply for your new work permit. If your current school immediately apply for cancellation of your work permit, your ARC may bee canceled within a few days, so you may not have enough time to apply for new ARC with your new work permit. In that case, you may need to apply for the 6 months extension with the terminal letter, before your ARC will be canceled.

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@WiscoTaipei Make sure you get a copy of that with the official school stamp on it. Not giving you access to it is one way schools can get back at you for leaving. Essentially, you can’t get a new work permit unless you have proof your old one is cancelled. There’s a thread on it. Anyways, good luck. The current school will we tough to deal with for a short time, but you’re making the right decision

Thank you for the info and help. Once I have the copy of termination with the school stamp, this is what I can take to the NIA to get my ARC extended for 6 months? I have extended my ARC once before with a termination letter once before when I completed the contract from my first school, but this also applies to ending and canceling ARCs? Do I need to get it extended before my ARC is canceled? Sorry just a little confused

Yes

I would go as soon as you get the letter

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Ok thank you for the information

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I’m about to go through this process. So, as I understand it, could the current school be sneaky and cancel the work permit before giving you the termination agreement letter - thus making you unable to apply for the 6 month extension and/or a new work permit for the new school?

How could I best protect myself?

they need a proof of the contract termination. So, when you give them a signed paper, you should get a paper with their sign and stamp too.

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I think I understand. So, by signed paper, do you mean the letter giving notice - “this is to confirm I will leave in X days on Y”, that sort of thing? What happens if there’s a delay between you giving the notice letter and the school giving you the paper with their sign and stamp?

school could cancel your work permit before you apply for your new work permit and ARC, or 6 month extension ARC.

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Damn, that’s what I was worried about. So ideally the school should be able to give the termination letter before the work permit is cancelled and you finish current employment - “X will finish his/her employment on Y” - and I suppose that, in the event they cancel the permit before that, the only recourse is to make a case at the MOL?

Thanks for the help. I haven’t pulled the trigger yet, I’m just trying to plan for all possibilities!

This happened to me but immigration helped me big time. I signed the letter and my boss told me they needed to send it to head office for the school stamp so I’d have to wait. As the date my ARC was to expire drew closer, I called my old school to get a copy of the letter. My boss refused to help me so I just went to immigration. The supervisor called my school’s head office and convinced them to fax a copy. So it’s likely they can help you out of that every happens

Tando is right as usual. The Labor Standards Act applies because it’s a buxiban teaching job.

This is a common misunderstanding. If the contract allows you to terminate it for whatever reason you like, sure, go ahead. Otherwise, you can only use LSA Art. 15 if (1) you have a contract for a period of longer than 3 years and have already completed 3 years of service, or (2) you have a non-fixed term contract – though as you’re an ARC holder, your contract has a maximum length anyway, even if it doesn’t on paper.

As an alternative to Art. 15, if the employer has committed a violation allowing you to use Art. 14, you can terminate the contract with no advance notice (and claim severance pay).

If you can’t find a justification for early termination, and the employer doesn’t consent, then you’re stuck, unless you manage to get yourself fired. (On the other hand, if the employer refuses to fire you it still needs to keep paying you.)

It’s been the Ministry of Labor since 2014. :grandpa: