No Job No Cancel What to do?!

Work Permits, Employment Qualifications, Employer Problems
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No Job No Cancel What to do?!

Postby atta atta » 02 Oct 2002, 04:09

Does anyone know the rules concerning this particular situation? I left my boss (or he left me depending on how you look at it) in early May. So, I wouldn't have to leave to Hong Kong, I promptly got a job at a new school with good contacts with the police (my boss is married to one of them). She assured me that I wouldn't have to leave, and various people in various government offices assured us of this. Everyone knows the drill from here. Tests... copies... certificates, etc. This all took about a month. Then, my new boss left on holidays for a week (not suspicious, these were planned long before May). She came back and told me that I couldn't get an ARC. Very confused and a little worried... I asked her to find out why. This took another couple of days before Taiwanese immigration authorities gave us the dirt. My old boss has not cancelled my ARC, and I still have it and a work permit with my old school. Now, at this point, I haven't worked in well over a month... and theoretically have overstayed my visa... but how can I if it is not cancelled? But... I don't work for him. I have not paid taxes. And, I have not paid medical for months. Now... at this point I had plans to leave to Canada to visit (booked tickets and everything) so my new boss told me that it would be wise to just enjoy this boon... and go to Canada before dealing with my boss when I return.

I checked to make sure that my papers were valid... they scanned my passport when I came back in... and everything is technically legit. I have given up on the dubious advice of this boss with the "contacts". I have a new school lined up with an official contract, credentials, etc. But, what do I do about this situation? It has now been 4 months (including the holiday) without work in Taiwan... on a working visa, with an ARC. Anyone have any tips or advice? I realize that this has GOT to be pretty unique. Do I need him to cancel it still... or will a trip to Hong Kong do it?

One more needle in the works is that my passport went missing last week. So, I don't have the visa... to the job... that I don't have anymore. But, I do have the ARC, thank god.

It's ok to laugh. I am. But, I won't be if this counts as an overstay or other such nonsense. And, do I have to deal with my old boss to get the visa into my replacement passport so that I can cancel it and get a new one in Hong KOng??? It's a bad moon rising.

Technically, what he's doing is illegal, but my new boss feels that that is a line of questioning I don't want to persue, and I can understand why. If he's illegal... then, so am I. Catch-44.
atta atta
 
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Suggest you file a complaint with the Lao2 Gung1 Ju2

Postby Hartzell » 02 Oct 2002, 08:32

I have received a lot of complaints about contract disputes in the last several months. I believe the best advice is to make an appointment with your city/county Department of Labor Affairs (Lao2 Gung1 Ju2) and ask that they help you to sort it out.

If you need language assistance, you should request a local Chinese friend or associate to accompany you there.

I have a Chinese FORM available for you to file a complaint with, and can send you a copy if you give me a snailmail address. However, if you can get a full description of your problem written out (in Chinese) and filed with the Lao2 Gung1 Ju2, of course that FORM is not strictly necessary.

It sounds like an interesting case. Are you in the Taipei area by any chance? I will be honest and say that my speciality is Taiwan Immigration Law matters.
Richard W. Hartzell
contact me by email at rwh.midway@gmail.com
Neihu District, Taipei (114)
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Postby atta atta » 05 Oct 2002, 19:50

Two questions: if anyone could answer them... it would be great.

1.) Is there any way of cancelling one's own work permit? Do you really need to get the A-ok of your employer to work in Taiwan again?

2.) Related... if you leave and get a new Visitor visa. Does that effectively cancel your ARC/Work permit?

3.) Also related... what is the recourse if your employer won't release your ARC/work permit to you????

One can only travel around Taiwan (and borrow money from home... plus killing savings) for so long before one needs to return to actual work.

Very frustrated in Taiwan,
ATTA ATTA
atta atta
 
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Postby atta atta » 05 Oct 2002, 19:52

Umm... I guess that's three questions.
atta atta
 
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