FAQ - Employment

  • Q1: How is a work permit extended?

    According to Regulations on the Permission and Administration of the Employment of Foreign Workers under Article 8, the employer should be applied within 4 months. (the employer should apply by themselves in permit duration because it can avoid the situation for employment permit is not enough to be extend. But those whose duration of employment permit is less than six months may only apply their extension after two-third of the duration of employment permit.

  • Q2: What is the procedure for a foreign professional who intends to change his/her employer?
    1. According to the Article 53 of the Employment Service Act. When foreign professional worker has to transfer to a new employer, the new employer(s) shall apply for permit. And the new employer shall submit upon such application the relevant document(s) certifying the termination of the previous employment.
    2. Otherwise, the employer should be attention the processing time when the foreign professional workers will transfer the employer. The processing time for online must have 7 days, but paper work should have 12days. It not only avoids the duration for foreign unemployed so early, but also for new employers with the duration of the employment permits.
     

     

  • Q3: If a foreign professional wants to apply for an extension, is the employee required to depart and re-enter the country after the expiry date?

    If the employer intends to re-employ the foreign worker after the expiry date, the employer can apply for his/her extension directly without needing to go through the re-entering/departure process.

  • Q4: What do employers do in case of the termination of an employment contract?

    According to Regulations on the Permission and Administration of the Employment of Foreign Workers under Article 45, and the Article 56 of the Employment Service Act. When The foreign professional workers shall arrange for the departure of foreign workers upon termination of employment contract, it should not only to notify the local competent authority, the institution of immigration, and Police Agency & Subordinate Branch, but also to the Workforce Development Agency(WDA) within 3 days.

  • Q5: What are the documents needed for an application to be dismissed?
    1. 1. Application form.
    2. 2. Copy of approval letter of employment.
    3. 3. Agreement by employer and foreigner for employment termination.
    4. 4. Copy of Alien Resident Certificate (ARC).
  • Q6: What if the employer fails to receive the termination documents from his or her foreign employee?

    The employer can submit an employment termination form with the foreigner's signature. If the foreigner has already departed, the employer can also substitute letter of guarantee for the agreement to terminate the employment.

  • Q7: What do employers do in case of termination of employment contract?

    Employers shall arrange for the departure of foreign workers upon termination of employment contract, and it is not necessary to apply for termination of contract to the Ministry of Labor.

  • Q8: Can an individual go on a language website to find a foreign language instructor?
    1. 1. According to the Employment Service Act (ESA), individuals at present cannot hire foreign teachers. According to the 43rd Article of the ESA, foreigners may not work in the Republic of China (R.O.C.) without an employer's application. According to article 68 of the ESA, those found in violation of the ESA will be fined between NT$30,000 and NT$150,000 Yuan, then be deported from the R.O.C., and banned from future employment in the R.O.C. It is against the 44th Article of the ESA to illegally hire foreign workers. According to the 63rd Article of the ESA, those employers will be fined between NT$150,000 and NT$750,000.
    2. 2. Those who need to hire foreign tutors shall enter into a contract with a language school. They can request a language school to appoint an instructor for them. They can also seek foreign language instructors who have gained R.O.C. residency by marriage, according to the 48th Article, 1st Paragraph, 2nd Subparagraph of the ESA.