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Why are they asking me to do this?

Work Permits, Employment Qualifications, Employer Problems
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Why are they asking me to do this?

Postby Ovechkin » 22 Jun 2012, 23:35

I am leaving a cram school for a better teaching position...I am breaking my contract unfortunately, but I'm not happy where I am and love the new opportunity I have.

My contract says verbatim:

If the employee, for an unexpected and unavoidable reason, needs to give an early resignation before the contract period ends, then he/she must give the employer one months' prior notification in writing and help find a replacement before leaving.

Nowhere does it say I have to pay a penalty. I was scheduled to teach summer but I have found a replacement. I have given them written notification, simply stating that 30 days from now will be my last day. My boss is now asking me to put in writing that I am terminating the contract, and take full responsibility (whatever that means), and state the reason why I'm leaving. I also need to include that I was scheduled to teach summer school but now someone is taking my place.

My question is, why does she need all that in a resignation letter? In the US, a resignation letter is a two weeks notice saying, hey boss, thanks for the opportunity but I'll be moving on in two weeks. No explanation or extra info needed. My bosses are the most sneaky liars so I'm always trying to find their hidden motive. Can they use this against me when my new employer applies for my ARC or somehow use this to con money out of my last paycheck?

Has anyone resigned from their contract prematurely? What was the procedure? What does CLA and Immigration need from in order for this to run much smoother? Would I contact CLA or Immigration for more clarification as to what they need to transfer the ARC?

Thanks for any help.
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Re: Why are they asking me to do this?

Postby tcarnagan » 23 Jun 2012, 01:15

About to be in a similar situation, but off the top of my head the "full responsibility" could pertain to any penalty fees for 'breaking' the contract (money out of your last months check). I would not sign it unless you are certain to what it means (means in your employers eyes that is).

AFAIK, once you leave for your current school they will 'cancel' your ARC, so it is best to get that paperwork going now so it wont be a problem. You can have up to 4 schools on your ARC, with a total of 32 (might be 30)hours a week. Now for a school to 'carry your ARC' they have to claim 14 hours a week to the government. SO if your current school claims 14-15 hours a week, your new school can sign you up NOW at 14 hours and you will be in the clear ARC wise.

Good site for ARC information is:
evta.gov.tw

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Re: Why are they asking me to do this?

Postby Ovechkin » 23 Jun 2012, 01:31

Here's an example of their shadiness...

I gave them 30 days notice, so they said they will cancel my health insurance on the last day of the semester, June 29. However, they will cancel my ARC a few weeks later... 30 days from now. WHY would they do that you might ask? If they cancel my health insurance before month end, they dont have to pay for my health insurance for the month of June. My new employer would. As for the ARC, they're taking their sweet time with it because they know the other school (not a cram school) is waiting for them to cancel, so they want to drag out this process as long as possible to in essence, sabotage.

What does my new employer need to start with the paperwork for my new ARC besides the usual photos, passport, degree? Do they need something specific from my current employer because they're playing hardball, not willing to give me any paperwork or anything of the sort stating that my contract with them is terminated in July.

Also, since there is no monetary penalty stated in my contract and i did abide by the month notice policy, could they nail me with anything else to take money out of my last paycheck?
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Re: Why are they asking me to do this?

Postby maunaloa » 23 Jun 2012, 01:45

OP, read the evta.gov.tw site closely. You want to ADD the new school to your ARC, so you don't want your present school to terminate their "association" (essentially a visa sponsorship) quickly.... you need time for the new school to "sponsor" you. Put your effort on the new school, forget the old school.
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Re: Why are they asking me to do this?

Postby superking » 23 Jun 2012, 02:46

Are they asking you to pay a penalty or just sign a piece of paper saying you left, and what you did by way of a replacement? I think they are right not to want to pay your full month of health insurance if you are going to another school. Why should they really? Also it's probable that they are doing you a favour delaying your arc so that you can get the new one. When I had mine cancelled by one place I then had to fly out to Thailand to get a new visa to come back in for the new job. So actually I think your old school sound like they are trying to be fair to you. I could be wrong though.
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Re: Why are they asking me to do this?

Postby Ovechkin » 23 Jun 2012, 15:34

superking wrote:Are they asking you to pay a penalty or just sign a piece of paper saying you left, and what you did by way of a replacement? I think they are right not to want to pay your full month of health insurance if you are going to another school. Why should they really? Also it's probable that they are doing you a favour delaying your arc so that you can get the new one. When I had mine cancelled by one place I then had to fly out to Thailand to get a new visa to come back in for the new job. So actually I think your old school sound like they are trying to be fair to you. I could be wrong though.


they're not asking me to pay a penalty straight out, but it doesnt make sense to have such a detailed resignation notice. i sent them a notice simply stating that 30 days from now, i wont be working there. they want me to add a reason why im leaving, and that im not teaching my scheduled summer classes and that someone is replacing me. why do they need all that? seems to me like they want evidence of some sort to pursue a penalty.

my old school is definitely not doing me a favor. in terms of adding a school, I would be taking a full time teaching position so I don't think my new school is trying to just simply be added, not enough hours left on my ARC to just add. i can check with them though.

in regards to my situation, would I need to contact CLA or immigration?
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Re: Why are they asking me to do this?

Postby superking » 24 Jun 2012, 05:24

1) Your school contract says, "an unexpected and unavoidable reason." Is jumping ship to get a better deal either of those two conditions?
2)
seems to me like they want evidence of some sort to pursue a penalty.
Got a reason for this suspicion?
3)
it doesnt make sense to have such a detailed resignation notice.
Based on what? How many resignation letters have you had to write in Taiwan before?
4) You need to apply for a new arc. If you do this without an arc then you are technically a visitor in Taiwan, and will have to leave again to get the working visa. If you apply for a new arc with a current one already in place then you won't need to leave. I think I am correct in this case. So you could do things your way if you like, hand in a bit of paper that says, "I quit," then go to your new place and in 6 weeks time get all pissed off cos you have to fly to Hong Kong for the night. OR... you could try finding out a little more, try being a little more compliant, and try not to leave on bad terms. I dunno how you are handling the situation at your current job, but you come across here, to me at least, as spiky and not really looking at things from a perspective other than your own desire to have your own way and to be allowed to have your own way.

Signed a contract, didn't like it, broke contract, accused employer of being shady due to impatience and lack of knowledge. Have I got all of that correct? :D
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Re: Why are they asking me to do this?

Postby CraigTPE » 24 Jun 2012, 07:10

Ovechkin wrote:they're not asking me to pay a penalty straight out, but it doesnt make sense to have such a detailed resignation notice. i sent them a notice simply stating that 30 days from now, i wont be working there. they want me to add a reason why im leaving, and that im not teaching my scheduled summer classes and that someone is replacing me. why do they need all that? seems to me like they want evidence of some sort to pursue a penalty.

my old school is definitely not doing me a favor. in terms of adding a school, I would be taking a full time teaching position so I don't think my new school is trying to just simply be added, not enough hours left on my ARC to just add. i can check with them though.

in regards to my situation, would I need to contact CLA or immigration?

There are a couple of very useful summaries on Tealit about canceling contracts, the amount of notice required by law, and the easiest way to transition from one job to another without having to leave the country.

Leaving a job. This article details the amount of notice required by law to terminate a contract, which is based on how long you've been there. If your contract with the employer requires more than this, then you would probably need to follow that.

Adding a Second Job & Changing Jobs Toward the bottom of the page, there is a link for the standard Cancel Contract Agreement written by the CLA. Personally, this is the only document I'd be willing to sign. The reason for leaving is no one's business.
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Re: Why are they asking me to do this?

Postby Ovechkin » 24 Jun 2012, 13:10

CraigTPE wrote:
Ovechkin wrote:they're not asking me to pay a penalty straight out, but it doesnt make sense to have such a detailed resignation notice. i sent them a notice simply stating that 30 days from now, i wont be working there. they want me to add a reason why im leaving, and that im not teaching my scheduled summer classes and that someone is replacing me. why do they need all that? seems to me like they want evidence of some sort to pursue a penalty.

my old school is definitely not doing me a favor. in terms of adding a school, I would be taking a full time teaching position so I don't think my new school is trying to just simply be added, not enough hours left on my ARC to just add. i can check with them though.

in regards to my situation, would I need to contact CLA or immigration?

There are a couple of very useful summaries on Tealit about canceling contracts, the amount of notice required by law, and the easiest way to transition from one job to another without having to leave the country.

Leaving a job. This article details the amount of notice required by law to terminate a contract, which is based on how long you've been there. If your contract with the employer requires more than this, then you would probably need to follow that.

Adding a Second Job & Changing Jobs Toward the bottom of the page, there is a link for the standard Cancel Contract Agreement written by the CLA. Personally, this is the only document I'd be willing to sign. The reason for leaving is no one's business.


Craig, thanks so much. Those links were very helpful. My bosses there are extremely uncooperative so getting the signed documents I need, I might need to contact the CLA. Nowhere does it say I need to state reason in my notice of resignation, so I'm confused as to why they're trying to be the puppetmaster and tell me what to write in my notice of resignation. I simply sent an email to them saying that 30 days from now, I'm no longer working here. They said in order for them to cancel the work permit and ARC, they need a letter from me stating a reason...They're a bunch of scammers, so I'm not willing to write or sign anything, regardless of what they tell me
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Re: Why are they asking me to do this?

Postby archylgp » 24 Jun 2012, 13:19

Ovechkin wrote:I am leaving a cram school for a better teaching position...I am breaking my contract unfortunately, but I'm not happy where I am and love the new opportunity I have.

My contract says verbatim:

If the employee, for an unexpected and unavoidable reason, needs to give an early resignation before the contract period ends, then he/she must give the employer one months' prior notification in writing and help find a replacement before leaving.

Nowhere does it say I have to pay a penalty. I was scheduled to teach summer but I have found a replacement. I have given them written notification, simply stating that 30 days from now will be my last day. My boss is now asking me to put in writing that I am terminating the contract, and take full responsibility (whatever that means), and state the reason why I'm leaving. I also need to include that I was scheduled to teach summer school but now someone is taking my place.

My question is, why does she need all that in a resignation letter? In the US, a resignation letter is a two weeks notice saying, hey boss, thanks for the opportunity but I'll be moving on in two weeks. No explanation or extra info needed. My bosses are the most sneaky liars so I'm always trying to find their hidden motive. Can they use this against me when my new employer applies for my ARC or somehow use this to con money out of my last paycheck?

Has anyone resigned from their contract prematurely? What was the procedure? What does CLA and Immigration need from in order for this to run much smoother? Would I contact CLA or Immigration for more clarification as to what they need to transfer the ARC?

Thanks for any help.


Don't do it !! They don't need anything from you.

Just because you signed a contract doesn't mean the boss can make you do anything. They don't own you. Seriously, don't sign: they can't do anything legally to you for leaving now, but after you say you're going to take on full responsibility, they will try to fine you and what not. DONT' SIGN. And don't help them find a new teacher, either.

What I can't understand is why so many posters (superking here) are against breaking contracts. If you are unhappy at work, that's a big deal; you spend a lot of time there. It's best to find a better situation as soon as possible, which will make your daily life a lot more enjoyable. Bad employers lose employees and that's how it should be. At my current job, there is an extremely rude manager (the typical cranky lady that the boss gives all his work too who works 12 hrs a day). Two Taiwanese employees have quit without notice and they all signed contacts because of this women's abuse. At my first job here (Buxiban), all of the employees at the school quit before 6 months were over. By the time I left, most of their replacements had quit and several replacements of replacements had quit. Don't let this school mess with you. Tell them you won't sign anything at all. Maybe they'll fire you and that will give you a bit of time to take a nice week-long visa run to Thailand or somewhere :)
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