The Deportation of Ben Hlavaty

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Re: The Deportation of Ben Hlavaty

Postby housecat » 07 Apr 2012, 19:45

Thanks, Charlie Jack!
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Re: The Deportation of Ben Hlavaty

Postby Charlie Jack » 07 Apr 2012, 19:48

You're welcome!
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Re: The Deportation of Ben Hlavaty

Postby StevenCrook » 10 Apr 2012, 09:57

Rotalsnart wrote: In the past (don't know whether this still happens today), I know that some government agencies hiring foreigners would directly issue letters to the immigration authorities asking them to issue ARCs, and the immigration authorities would do so on that basis, even though those hiring agencies were not the agencies officially charged with issuing "work permits." There may be an issue in retrospect as to whether those letters can actually be considered "work permits."


More than a decade ago, I got a two-year ARC on exactly that basis. The section chief (not an especially senior person) in the government department where I was working typed up a letter on official paper, got it chopped, I took it to the relevant office, and had my ARC very soon afterwards
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Re: The Deportation of Ben Hlavaty

Postby Rotalsnart » 10 Apr 2012, 10:14

StevenCrook wrote:
Rotalsnart wrote: In the past (don't know whether this still happens today), I know that some government agencies hiring foreigners would directly issue letters to the immigration authorities asking them to issue ARCs, and the immigration authorities would do so on that basis, even though those hiring agencies were not the agencies officially charged with issuing "work permits." There may be an issue in retrospect as to whether those letters can actually be considered "work permits."


More than a decade ago, I got a two-year ARC on exactly that basis. The section chief (not an especially senior person) in the government department where I was working typed up a letter on official paper, got it chopped, I took it to the relevant office, and had my ARC very soon afterwards


I'm pretty sure I had one or two like that myself way back when. (I wasn't asking any questions at the time -- I was just happy to get my ARCs :lol: .)
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Re: The Deportation of Ben Hlavaty

Postby Feiren » 10 Apr 2012, 10:18

The problem may have to do with the fact that TED is not a government agency. It is one of the many quasi-state actors Taiwan has set up in the form of foundations.
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Re: The Deportation of Ben Hlavaty

Postby ChewDawg » 10 Apr 2012, 10:26

Feiren wrote:The problem may have to do with the fact that TED is not a government agency. It is one of the many quasi-state actors Taiwan has set up in the form of foundations.


In the developed world, quasi state organizations usually have better employment conditions/more security than government jobs precisely because they are seen as being arms length from the political masters. These quasi-state organizations in developed countries are often kept arms length for a reason---to prevent political meddling from the arrivistes in areas where you can't afford to be partisan. :D

That this picking on foreigners is not only evident in government ministries but also quasi state organizations in Taiwan such as the TED is a sad commentary on the state of Taiwan's democracy. In fact, I would argue it's also in contradiction to the government's need to prevent a brain drain whether by paying slightly higher salaries for true professionals or making it easier for foreigners to live and work in Taiwan.
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Re: The Deportation of Ben Hlavaty

Postby Feiren » 10 Apr 2012, 10:34

ChewDawg wrote:
Feiren wrote:The problem may have to do with the fact that TED is not a government agency. It is one of the many quasi-state actors Taiwan has set up in the form of foundations.


In the developed world, quasi state organizations usually have better employment conditions/more security than government jobs precisely because they are seen as being arms length from the political masters. These quasi-state organizations in developed countries are often kept arms length for a reason---to prevent political meddling from the arrivistes. :D

That this picking on foreigners is not only evident in government ministries but also quasi state organizations in Taiwan such as the TED is a sad commentary on the state of Taiwan's democracy. In fact, I would argue it's also in contradiction to the government's need to prevent a brain drain whether by paying slightly higher salaries for true professionals or making it easier for foreigners to live and work in Taiwan.


All that may be true, but the legal situation here is that the government has exempted itself from the need to get work permits:

Employment Services Act

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, the following foreigners are exempted:
1. A foreign worker to be employed as consultant or researcher by the respective government or their subordinate academic research institutes
.
2. A foreign worker has married a national of the Republic of China with a registered permanent residence in the Republic of China and has been permitted to stay therein.
3. A foreigner employed at a public or registered private college/university within six months in the field of a course of lectures or an academic research approved by the Ministry of Education.
The Central Competent Authority shall collaborate with the other central competent authority(ies) administering the occupations in question to prescribe the regulations regarding the application for permit and annulment thereof as referred to in paragraph 1 of this article and other matters related to the employment and administration of foreign workers.


If the TED is not a government agency or a subordinate academic research agency or Ben was not a 'consultant' or ' researcher' a work permit was required.

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