Law Change in Working Permit!

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Re: Law Change in Working Permit!

Postby abcheng » 28 May 2012, 13:58

Feiren wrote:I suspect that different rules apply to research assistants.

We are talking about the category of (white collar) 'professionals' here. The NT$48K minimum salary applies to them.

Also, I would not refer to 'my' work permit. It is your employer's permit to employ you.

An NT$48K salary is not a 'right'. It is a condition that certain employers must meet to employ certain kinds of workers.


Gotcha ! Thanks for clearing things up for me.
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Re: Law Change in Working Permit!

Postby bumclouds » 03 Jun 2012, 19:34

abcheng wrote:.. my salary was under 45,000 even though I am working 40 hours a week at a research institution here in Taiwan. If I am entitled to a higher salary, then I definitely need to let my employer know. Has anyone had an experience like this before ?


If you've signed any documents which show that you have knowledge of getting paid less than the legal minimum (pay slips?), you may be in trouble. To the best of my knowledge, intentionally getting paid less than the legal minimum is illegal work. If the CLA can determine that you had no knowledge of getting paid less than the legal minimum and you have been 'tricked', the CLA will probably not fine you, but only your boss. Anyway, wield this weapon carefully.

I only know this from a situation which happened to a foreign friend of mine. It may not apply to research jobs.
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Re: Law Change in Working Permit!

Postby Confuzius » 03 Jun 2012, 22:41

bumclouds wrote:
abcheng wrote:.. my salary was under 45,000 even though I am working 40 hours a week at a research institution here in Taiwan. If I am entitled to a higher salary, then I definitely need to let my employer know. Has anyone had an experience like this before ?


If you've signed any documents which show that you have knowledge of getting paid less than the legal minimum (pay slips?), you may be in trouble. To the best of my knowledge, intentionally getting paid less than the legal minimum is illegal work. If the CLA can determine that you had no knowledge of getting paid less than the legal minimum and you have been 'tricked', the CLA will probably not fine you, but only your boss. Anyway, wield this weapon carefully.

I only know this from a situation which happened to a foreign friend of mine. It may not apply to research jobs.


Care to elaborate?
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Re: Law Change in Working Permit!

Postby bumclouds » 03 Jun 2012, 22:54

I'll send you a PM.
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Re: Law Change in Working Permit!

Postby mukashi » 06 Jun 2012, 12:00

headhonchoII wrote:Icon, reducing the minimum salary of 47k is already pretty crap compared to any developed country, it doesn't really make a difference if they reduce it.


Maybe for English teachers... for me it was huge problem. As a fresh graduate from Taiwan uni, the $48K was a turn off during interviews for most companies. Only companies who are willing to be dishonest with the gov and pay less, but register more, are possible workplaces in the end. Most business companies will offer the average MA graduate salary of $35K.

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Re: Law Change in Working Permit!

Postby Icon » 06 Jun 2012, 14:21

The law is the law for a reason. The same companies that lie with your salary lie about taxes. The Government determines which companies are allowed to hire foreigners as employees legally base don their earnings, hence, they are also charged taxes accordingly. This is a major turnoff.

The reason for the 47K is simple: there has to be some kind of justification for hiring you as a foreigner, instead of a local. You are taking a position that could be going to a Taiwanese, so, they have to justify that hiring by saying that you are special, that you have particular talents that are necessary for the company, and as such, they are willing to hire you for an amount double the local's salary. 35K is what they would offer a local, so the problem is that they are not willing to pay for you and comply with the rules. Many expat managers work for several times that, so their offer of 35K does not make sense.
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Re: Law Change in Working Permit!

Postby mukashi » 11 Jun 2012, 15:28

Icon wrote:The law is the law for a reason. The same companies that lie with your salary lie about taxes. The Government determines which companies are allowed to hire foreigners as employees legally base don their earnings, hence, they are also charged taxes accordingly. This is a major turnoff.

The reason for the 47K is simple: there has to be some kind of justification for hiring you as a foreigner, instead of a local. You are taking a position that could be going to a Taiwanese, so, they have to justify that hiring by saying that you are special, that you have particular talents that are necessary for the company, and as such, they are willing to hire you for an amount double the local's salary. 35K is what they would offer a local, so the problem is that they are not willing to pay for you and comply with the rules. Many expat managers work for several times that, so their offer of 35K does not make sense.


I do get it all, trully, and surely I would prefer to be paid the 47K :) But I do want to stay in Taiwan for now, and need a job for that... I was looking for over 6 months before I found that one, and as a straight out of school person I do kind understand 47K is a lot, but hopefully now I can find something better :)
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Re: Law Change in Working Permit!

Postby Icon » 11 Jun 2012, 15:40

Just remember that at the end, the one in trouble with taxes and immigration is going to be you. You really cannot compromise on this. The problems fall on you, not the company. I understand you may have your reasons to stay at all costs, but do look carefully before the jump. It is a matter that will come later on to bite you, sooner or later, and you hav eto be ready for the backdraft.
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Re: Law Change in Working Permit!

Postby Icon » 15 Jun 2012, 09:45

OK, seems it is now official, BUT READ THE SMALL PRINT!

Foreign and overseas Chinese graduates of Taiwan universities with no work experience will be allowed to take jobs in the ROC if their monthly salary exceeds NT$37,619 (US$1,257), the Council of Labor Affairs announced June 13.

The new policy takes effect June 14, the CLA said. Previously, only such students who had at least two years experience and obtained a job offer with a minimum salary of NT$47,971 could work in Taiwan.

The relaxed regulations will apply to students who find employment in professional or technical fields, according to the council.

A CLA human resources committee recommended the new measure at a meeting May 9.

According to the council, foreigners and overseas Chinese, including those from Macau and Hong Kong, who have studied at a Taiwan university have experience living in the country and can therefore adapt to local culture and lifestyles more easily than new employees recruited from abroad, thereby shortening the breaking-in period after beginning work.

http://www.taiwantoday.tw/ct.asp?xItem= ... ctNode=445

Translation: this ONLY apllies to graduates of local universities.

Now, AFAIK, some graduate programs do ask for 2 years certifiable work experience. :ponder:
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