On May 2nd, 2006 the CLA amended the rules for foreign
teachers working in bushibans regarding maximum hours of work per week &
maximum number of simultaneous employers a teacher can have.
The maximum number of hours a teacher can work every
week is now 32. Heretofore there was no stated limit.
The regulations re-iterate that teachers must work at
least 14 hours per week for one employer in order to receive an ARC. They
introduce a new stipulation: positions taken with other employers cannot be
for less than 6 hours per week.
Since your primary employer must provide you with 14
hours in order to apply for an ARC, and since the minimum number of hours
per week for every other employer is 6, this 32 hour / week rule has the net
effect of meaning you can work for a maximum of 4 employers (14 + 6 + 6 +6).
The new rules state that if you have a single 14 hour
employer & 3 other 6 hour employers, leaving the 14 hour job would mean
leaving the three 6 hour jobs as well. If, however, you are working for any
two employers for 14 hours, either of these jobs can be used to maintain
your ARC. Should you leave either position, the other one can still sustain
your ARC. Your ARC is not dependent on who gave you the 14 hours first.
Finally, of note is a contemporary mention of the “14
day rule”. Teachers who leave their ARC job have 14 days to secure another
employer who can give them an ARC.
The promulgation & a translation of the new regulations
follows below.
外籍人士於短期補習班工作之聘僱法規「最新」修訂與說明
Latest Revised Regulations and Explanations
for Foreigners Working in the Cram/Short-Term Schools
I. Important revised
rule of the employment service act: For foreign workers, the added teaching
hours are 6 hours per week, but the total hours cannot exceed 32 per week.
Current employment qualifications for
foreign teachers:
According to the regulation No.0950501673
revised by the CLA on 5/2/2006, Article 42 of “The Reviewing Standards and
Employment Qualifications for Foreigners Engaging in the Jobs Specified in
Items 1 to 6, Paragraph 1 to Article 46 of the Employment Service Act”,
foreign workers who hired as foreign language teachers based on the “Item 4,
Paragraph 1 to Article 46 Employment Service Act” should have the
qualifications bellow:
1.20 year old and above.
2.Graduated from college or
above.
3.The language of the course you
teach should be the same as the official language on you passport. Some
countries have one and above official languages like Europe.
Those without a bachelor’s degree should
have certified language teacher training certificates.
II. Details of the
teaching hours on the revised employment rules
During the valid employment
period:
1.Working/teaching in the original employer (the first employer), the
hours should be 14 hours and up.
2. When hired by two employers, you need to
have one employer first, after that, you cannot work less than 6 hours in
each new employer such as second, third, and fourth.
3. Regardless of the amounts of employers,
each foreigner cannot work over 32 hours (the total hours) every week.
1. After the first employer applies 14
hours, the second, third and above employers can apply 6 hours a week
individually. So, there will be 3 new employers at most:
1. The work permission in the second
employer, it’s based on working 14 hours a week in the first employer.
Therefore, if the relationship with the first employer ends, the CLA will
cancel the permissions of other employers which don’t have 14 hours. Take
the example above, if Mr. G’s relationship with School A ends, the
permissions of School B, C & D will all be invalid at the same time.
2. When the above situation happens, Mr.
G should have a new employer which can give 14 hours a week, then Mr. G will
be able to stay with a teaching job in Taiwan.
3. Once the CLA cancels the permission
of the first employer, it’ll notify National Police Agency, Ministry of the
Interior and the foreign teacher. The teacher should leave the country of
receiving the notice. If the teacher still wants to stay with a working
visa, he/she will need to complete the application within 14 days.
Two jobs with 14 hours/week
for each at the same time can be seen as two individual relationships, they
are both “first employers’. That is to say, even one of them cancels,
another one still exists.
1.
Two jobs with 14 hours/week
for each at the same time can be seen as two individual relationships, they
are both “first employers’. That is to say, even one of them cancels,
another one still exists.
2. In the example, if Mr.
G’s relationship with School A1 ends, the relationship with School A2 still
exists. So Mr. G can stay with the
reason of working in Taiwan.