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ARC Transfers & Release
Letters
On January 15th, 2004 the national
Council of Labor Affairs, CLA, assumed responsibility for
issuing foreign teacher' swork permits from local city and county Departments of Education. The resulting transfer has
altered the landscape for foreign teachers working in Taiwan.
One policy theCouncil of Labor Affairs has fundamentally
revised: ARC Transfers. They are now not necessary.
ADD A SECOND SCHOOL FIRST
As a foreign teacher, you are allowed
to stay in Taiwan due to your having been hired full-time by a
school. If you lost that job or quit, you would need to leave
the country. The Council of Labor Affairs interprets the
Employment Services Act as allowing foreign teachers to be
hired by more than one school without requiring
permission of their current employer. They will issue all
second (and even third) full-time applications without regard to
your first school.
HOW TO PROCEED
Teachers wanting to change schools
should first be hired full-time by their new school (16 hours
per week) . In order to do this your new school needs to send
the Council of Labor Affairs
this form along with an up to date health check (health
checks are valid for 3 months) and a translation of your
diploma.
It takes between 7-10 business days
for work permits to be processed.
Once the Council of Labor Affairs has
finished the application they will send the second Work Permit
to your new school. You take this to your local office of the
Foreign Affairs Police. They will amend your ARC. Your
existing Resident Visa remains in effect.
Once you are hired by your new
school, then you would quit your old school. Your Resident Visa
and ARC depend on having a Work Permit. You are quitting but -
you have a second full-time Work Permit-providing job.
Therefore, you don’t need to leave the country
THE FIRST JOB
The next issue is leaving your first
job. The influence of the Council of Labor Affairs is felt
there as well: your old school cannot not affect the existence
of your new Work Permit in any way.
But, they also maintain a clear
position: in informing your old school of your intention to
quit, you need to follow
the
labor law in regards to advance notice (best done in
writing), and abide by any terms set out in your contract with
your first school regarding quitting. You could give your
school a letter asking them to sign/stamp and date it, then keep
a copy for yourself. To be perfectly safe, you could send
school your written notice via registered letter the appropriate
number of days in advance.
Once your notification period is over
you can ask your school to give you a copy of the
Termination Letter the Council of Labor Affairs
requires schools have teachers sign and return when a teacher
quits. Should your old school protest your leaving you should
use a registered letter for notification. Then, just keep going
to work until you have met all the requirements in your contract
and in the Labor Law for quitting.
You could even notify the Council of
Labor Affairs in writing that you have quit the job. You have
the right to leave. Your new school’s Work Permit will allow
you to continue to stay in the country.
SUMMARY
ARC transfers are no longer performed
because they are now not needed: teachers can secure a second
full-time job on their own and then, following the labor law and
contract terms, quit their first job.
ADDITIONAL POINTS
In addition to these changes, the
Council of Labor Affairs' management of foreign teacher’s work
permits includes the requirement that teachers be given Labor
Insurance. This coverage, which all Taiwanese enjoy, extends to
you a percentage of your monthly income if you are hurt and
can’t work, if you become pregnant, if the company goes out of
business and even if you are fired. The extent of benefits
foreign teachers will enjoy is an issue we are investigating
now.
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