Employment Services Act

Work Permits, Employment Qualifications, Employer Problems
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Employment Services Act

Postby Toe Tag » 05 Dec 2005, 23:49

Apologies if this has already been talked to death, but there was a recent newspaper article http://www.taipeitimes.com/News/editori ... 2003282115 that points to these laws http://law.moj.gov.tw/Eng/Fnews/FnewsCo ... msgType=en and raises some interesting questions.

My wife is an ROC citizen and I was joking with her that programmers wages are so low here that I may become a Bma Won (taiwanese meatball) vendor. In fact tonight I met a local who had done exactly that! Anyway, the point is that according to the above reading of the law, even with an ROC wife and baby, I am still not allowed to put a Bma Won stand on the street. No like job it is listed in article 46.
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Postby Miranda » 06 Dec 2005, 09:02

Article 46 does not apply to people who are married to an ROC citizen. Yes, there is another thread on this.

Article 46
Unless otherwise provided for in the present Act [jump to Article 48], the work a Foreign Worker may be employed to engage in within the territory of the Republic of China is limited to the following:

Article 48
Prior to employing Foreign Worker to engage in work, Employer shall apply to the Central Competent Authority for Employment Permit with relevant documents submitted. However, such a requirement of Employment Permit is exempted where the Foreign Worker in question... ...has been married to a Republic of China national with a registered permanent residence in the territory of the Republic of China and has been permitted to stay therein.
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Postby Miranda » 06 Dec 2005, 09:17

Oh I see what you mean. I would have to suggest that J Lick's interpretation of the law is wrong. When this amendment was made one of the legislators said that the meaning of the act was that if a foreigner wanted to sell sausages at the side of the road, he could now do so if he was married to an ROC citizen. I think Hartzell was there at the time he can pass on the exact quote.

How any civil servant might interpret this on any given day depends on the phase of the moon, of course.
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Postby Feiren » 06 Dec 2005, 10:40

I think your main problem with being a vendor is that anyone (including Taiwanese) needs a permit to do it legally. The permits are issued locally, so the rules vary. But in Taipei, for example, I believe you need to be a member of a registered low-income household. This status is hard to qualify for even if you are really poor, and I suspect foreigners are not eligible anyway.
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Postby Toe Tag » 06 Dec 2005, 12:11

I agree, and I recall Hartzell posting, that while foreign spouses do not need work permits, certain jobs require other permits or licenses and you would have to deal with that. (though I'm not sure all my neighborhood vendors have permits)

On the other point made above, The Taipei Times letter by Mr. Lick does point out that there is a difference between the letter of the law, and what some legislator said verbally while the law was being debated. And further that such confusion, and dependence on phase-of-the-moon, creates doubt in the mind of employers. He further states that this is no idle doubt, but that in fact employers remain liable and fine-able. I would go so far as to suggest that the legislature deliberately created vague legislation in an attempt to palliate both sides.

I will look for the other threads, but FWIW my current take is that Mr. Lick is right, I still don't see any explicit written article exempting me (a foreign spouse) from article 46.

Perhaps some people have real world examples from the 2 years since my putative emancipation.
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Postby Toe Tag » 06 Dec 2005, 12:15

OK I found the other thread, which is mistakenly filed under the General legal forum, don't you agree it belongs in the Work forum?

http://forumosa.com/taiwan/viewtopic.ph ... act#462698
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Postby Yellow Cartman » 06 Dec 2005, 12:16

One only needs to go to the CLA offices of your local jurisdiction and get clarification there. While you're at it, you also get the name, number of the person who gave it to you so that you can refer any problems back to that person.

EDIT: I'd also check with your local FAP office as well. Those are the guys who would enforce the illegal working aspect of this. If they think it's kosher then it is kosher as in they're not going to harrass you. If they refer you back to the CLA, then do that.
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