Please note: Nothing in this post is meant as legal advice.
I don’t know the answer to the question. With regard to Taiwan, I haven’t been able to find anything in laws or regulations on the legal situation of a foreign person telecommuting from here to another country. However, I should note that my resources are limited, my knowledge of what to look for and how to look for it is also limited, and I don’t know Chinese. So I can only present what I found.
This translation of Article 24 of the Immigration Act says, in pertinent part:
[quote]National Immigration Agency shall not permit an alien’s application for residence or the alien’s application for modification of reasons for residence which was submitted pursuant to the preceding Paragraph if the alien meets one of the following circumstances:
- Has been involved in activities or employment that is different from the purposes of his or her entry.[/quote] law.moj.gov.tw/Eng/LawClass/LawA … e=D0080132
Here’s a link to the Chinese version of Article 24 of the Immigration Act:
law.moj.gov.tw/LawClass/LawSingl … 32&FLNO=24
In the same translation, Article 29 of the Immigration Act says, in pertinent part:
[quote]Aliens who are visiting or residing in the State may not engage in activities or employment that is different from the purposes of their visits or residence.[/quote] law.moj.gov.tw/Eng/LawClass/LawA … e=D0080132
The exceptions in Article 29 seem to have to do with lawful assembly and the filing of petitions.
Here’s a link to the Chinese version of Article 29 of the Immigration Act:
law.moj.gov.tw/LawClass/LawSingl … 32&FLNO=29
In the same translation, Article 36 of the Immigration Act reads as follows, in pertinent part:
[quote]National Immigration Agency shall deport aliens forcibly if they meet one of the following circumstances:
- Have violated Article 29 by engaging in employment or activities that are different from the purposes of their visits, or residence.[/quote] law.moj.gov.tw/Eng/LawClass/LawA … e=D0080132
Here’s a link to the Chinese version of Article 36 of the Immigration Act:
law.moj.gov.tw/LawClass/LawSingl … 32&FLNO=36
Article 20 of a translation of the Enforcement Rules of the Immigration Act gives the following exceptions and/or exceptional circumstances to Article 36:
[quote]During periods of visiting or residency, if aliens engage in certain activities that are different from the purposes of their visits or residence or the purpose declared on the E/D card, such as tourism, visiting relatives or friends, or other activities that are necessary in daily life and not prohibited by laws, the Subparagraph 6 of Paragraph 1 of Article 36 of the Act shall not applied.[/quote] immigration.gov.tw/ct.asp?xI … 30026&mp=2
Please note: I don’t know Chinese, but I don’t think the Chinese version of the article quoted immediately above says “E/D card” (Embarkation and Disembarkation Card). Here’s a link to the Chinese version of Article 20 of the Enforcement Rules of the Immigration Act: law.moj.gov.tw/LawClass/LawSingl … 33&FLNO=20
The U. S. State Department mentions local labor laws, among other things, in its advice to government employees about teleworking abroad:
[quote]Security concerns, inviolability (or lack thereof) of the teleworker‟s personal residence, possessions, and correspondence, the proximity of the personal residence to the mission where the employee is assigned, and the location of the personal residence in the third country and local labor laws may affect the acceptability of certain telework arrangements abroad.[/quote] state.gov/documents/organization/84857.pdf (PDF document will load, or maybe pop up, if link is clicked)
Two people brought up similar issues in posts in a single thread on this board in March and April of last year. The quote below is of the second person’s post, in part:
[quote]I want to live in Taiwan for the next 1 - 2 years with my (taiwanese) girlfriend that I met in Australia. Like you, I am a web-developer. I currently work for a company in Europe. I addition to that I am self employed as well.
I already mailed the “council of labour affairs” in Taiwan and they told me that I do not need a work permit if I do not work for a taiwanese company and no taiwanese company is involved in my work. They just were not very specific on the visa issue:
“As for whether you can do teleworking while you are in Taiwan on vacation, it depends on your purpose of visiting Taiwan and what kind of visa you are granted. As a visa is normally issued for a specific “purpose of stay”, what activities the visa holder can engages in within territory of Taiwan shall be in accordance with the purpose(s) of the visa.”
I mean the taiwanese government wouldn’t know if I do work on my computer (VPN) anyway, while I am sitting in the apartment. But still, it’s good to know the official rules… [/quote] [Forumosa - Taiwan's largest and most active Taiwan-oriented global online community in English … 9#p1288049](I work for a US firm remotely, I want to move to Taiwan - #13 by traveller77
A poster responded, in part, with the following:
[quote]Unless I’m missing something, the “council of labour affairs” didn’t want to address the issue and gave you a non-answer.
You can’t get a work visa if you telework, so how exactly can you legally telework in Taiwan? If you enter the country with the purpose of study or visit, then you are not allowed to work.[/quote] [Forumosa - Taiwan's largest and most active Taiwan-oriented global online community in English … 1#p1289481](I work for a US firm remotely, I want to move to Taiwan - #14 by jp_mtl
Another poster responded as follows:
[quote]The CLA doesn’t issue visas, the NIA does. What they are telling you is that it’s not their business.[/quote] [Forumosa - Taiwan's largest and most active Taiwan-oriented global online community in English … 7#p1289517](I work for a US firm remotely, I want to move to Taiwan - #15 by CraigTPE
In November of 2010, someone asked a similar question on this board. A poster responded with the following:
[quote][quote]I was just wondering if there are any legal issues if you are living in Taiwan and doing contract/freelance work for a US company?
Also, what are the requirements to do freelance work in TW for TW companies. Do you need an ARC? Can you get one without being sponsored by a company?
Thanks![/quote]
To legally do any work you need an ARC. You can only get one without being sponsored by a company through marriage. There is no such thing as a freelance ARC.
However you could open up a foreign registered business for yourself, get an ARC. Taiwan companies would want you to be able to issue a GUI receipt for work performed. For that you need a company.[/quote] [Forumosa - Taiwan's largest and most active Taiwan-oriented global online community in English … 0#p1224730](Telecommuting from TW for US company - #2 by Satellite_TV