Icon wrote:Ihoop wrote:Thanks for the reply.
I guess the part of this I am most worried about is the legality of the whole thing. Can my employer LEGALLY pay me if I have my work permit but no ARC yet? Also, if I decide to give notice now without having obtained my ARC can my employer screw me/withhold my pay because I only had a work permit and no ARC? I should add that I am still on a 90 day visa exempt entry and have not overstayed (meaning I can do another visa run with ease).
I am really unclear about these things and would love to hear from anyone who is more familiar with the law or has experience in these areas. Now I am thinking that, if I do want to quit and not even start the process of getting my ARC, will it be possible for me to LEGALLY obtain the money my school owes me? Or, would I possibly be cheated by my school out of 1.5 months pay because working without an ARC is illegal in the first place......Really confused
1. You do not HAVE a work permit. You cannot have a work permit. The work permit belongs to the company. They can activate or deactivate it to their convenience. They give you the go ahead to apply for your ARC after THEY get the work permit that allows them to hire you. You belong to them.
2. The ARC is only valid for the duration of the work permit. Hence, no work permit = no ARC = illegal work. You currently cannot be working at the premises without your ARC, so you are currently working illegally, have been paid illegally, and seems will continue to be paid illegally, until the cops bust in and you get deported. Or the school cancels the permit that allows you to be there in the first place, which they can do anytime, for any reason and have no responsibility to tell you. That is, if such permit even exists...
3.If you are working on a non visa basis, you are working illegally. Hence, no legal recourse can help you get the back wages or for them to get on track with on time payments. That is the problem. That is why they are giving you the runaround. They are the ones sitting on the catbird seat.
4. In any case, as a new arrival, you really should be paying 18% -or at least, having that removed from your salary. That means you will have a nice stash given back to you as a tax refund come tax time, but again, this is illegal money, I'd not sweat it. For the future, think of 18% as enforced savings. However, given the shady nature of the company you are dealing with, also watch your back regarding the problem of them retaining the money but such money never making it to the Tax Office. On this line of thought, make sure they also deduct your National Health Insurance, that will come handy. And it is also mandatory.
OK, now solutions: you have a contract, you say? OK, have you applied for your ARC? Has the company given you the paperwork to do so? Once you have your ARC in your hand, then we can start fighting with the tools of the system for updated payments and such.
This is completely misleading.
The buxiban/OP has a work permit at this time. It doesn't matter legally who actually possesses the work permit for work done at that location. Work performed before that was illegal but once they have the work permit work is legal regardless of physically having the ARC. The resident visa (and then ARC) needs to be applied for within 15 days of receiving the work permit but physically possessing it has absolutely no bearing on whether or not someone can legally work.
The OP has been in Taiwan for 183 days already this year so the buxiban only has to withhold 5% for taxes. Some might choose to withhold 18% though for mysterious (suspicious?) reasons. One important thing to do is check that the amount that they withheld for the year is the same amount that they reported to the gov't. They should give you tax papers to file your taxes with in January.
Something doesn't really seem right about all of this though. Why was he paid the first time but now he must wait? Why are they now saying that they need to withhold 18%? Are they completely incompetent or just shady? Or both?
On a side note - I doubt you can do visa run easily since you probably don't have your passport or it already has a resident visa stamped in it. The step after getting your work permit is to apply for a resident visa. If you still have your passport and it doesn't have a resident visa in it then I don't even know what to think.