Is the Blacklist real?

[John]

Hi all,

I have heard through the grapevine (pub talk:-) that language schools (in Kaohsiung) can no longer blacklist teachers with the Department of Education. They can however take you to a civil court for 'breach of contract'.

Has anyone else heard of this, or have any information on this?

[beer]

John,

I've heard the same as you regarding black lists being out of date now but I'am curious about schools going to court over 'breach of contract'.
I've recently been placed in a dilema regarding my old employer. A situation arose awhile back where I felt it best to terminate my contract and thus went about all stipulations in terminating the contract(giving 30 days notice). I've already been out of the country for a new visa but now told by the Ministry of Ed. that I can't gain employment unless I have a release letter from my previous employer. This previous employer has said because I infact broke the contract, they have no obligation to give me the letter. While 'termination' and not 'breaking' is evident here, it seems I'm in a corner where regardless of how the contract is finished, in the end the employer holds all rights. What I want to know seeing as you mentioned an employer taking an employee to a civil court is can the situation be reversed? Am I in a position to take this buxiban to court?
If you or anyone else has the answer to this, I'd be grateful to hear it.

[John]

As for going to court, I don't know what others have to say but I suggest you contact the Moderator for details. I know that he has helped other people obtain their rights (and obtain their unpaid salary -- up to the end of the contract) in many cases.

It may take some time, but it is worth it in order to establish a good precedent for the foreign community.

[KenTaiwan98]

A friend just asked:

"...A friend who has taught at **** University for many years says that the MOE doesn't look kindly on people leaving in the middle of their contracts. In fact, his understanding is that the MOE will (or at least has in the past) blacklist any teacher who breaks their contract by leaving in the middle of the academic year, precluding them from finding future employment at any university in Taiwan.

Have you heard anything about this? What is your understanding of the consequences (at the MOE or anywhere else) of leaving in the middle of a one-year contract with a university hereabouts?..."

Does anybody know anything about this? I don't know anything at all.

Kenneth

[marky]

Why don't you write a letter to the MOE and ask them to explain the policy, including the relevant legal basis?

[ironlady]

Why not have the "foreigners' affairs" reporter from the Taipei Times (wasn't it Debbie Wu?) give them a call and get to the bottom of it? Sounds juicy -- illegal blacklisting in a country that's trying to become an Asian operations center, attract top international business and talent, etc. etc. I mean, that woman took on Zhonghua in print...I'm sure the MOE would be a romp in the park for her!!

[Loretta]

I got blacklisted last year. I'm still here, and still legal.

I think the practical issues of how you get out of your contract and still get paid, and how you transfer your ARC or change your status, are of more immediate relevance.

If you leave your job because you feel like a change, or some other inadequate reason, then they will feel that they have a right to get pissy with you. If you're leaving because your working conditions are not what you thought you were agreeing to when you signed the contract then you might find it easier to 'negotiate' your way out.

I had to use the threat of a complaint to MoFA to leverage an 'amicable resolution' to a dispute six months ago. We eventually both signed an agreement that I wouldn't make my grievances public and they wouldn't do anything to prevent me from getting another job.

[Bassman]

Blacklisting exists. The current list is freely available from the buxiban association website.

There is hope if you do get blacklisted but .... it may take more time than you have.

[Lord Lucan]

Blacklisting exists. The current list is freely available from the buxiban association website.

There is hope if you do get blacklisted but .... it may take more time than you have.

Can you post the link please ?

[Bu Lai En]

The Blkacklist is run by the Buxiban Association though, not the Ministry of Education, right?

Brian