Can they hold my friend when he leaves?

Legal Legal - Work
1

Hi! I have a friend who had already a working visa for canada and he is planning to leave without a notice to his company.

but take note, of all the employees he is the only one who find a way to get his passport (he made some valid reasons)(since thier employer was the one who keep thier passports)

Im just worried with him because i always think that if ever he will leave here in taiwan, is there any possibilities that since his the only one who have his passport on hand is it possible that his boss might submit his name at the airport/immigration and give instruction to them that if ever my friend will leave,they can hold him?

2nd, if he is already in the airport check in going to canada, does he need to present his ARC ID? (Is it possible that the immigration may detect if he have not yet break a contract)…or let us know what are any possibilities that he might be put in a danger situation??

Please give us more ideas…

Im very worried about him.

2

It would be civil matter the breaking of a contract, though I am not a lawyer, his boss cant hold someone against their will for employment. That would be called slavery, and if so… he should be screaming for his Canadian Embassy to help him out. Thats what they are here for… their citizens.
Your ARC has nothing to do with LEAVING the country… all you need is your passport and plane ticket.

3

Thanks for the advice sir… It make sense that his boss has no right to hold his flight or give his name to the assigned person in airport but he was a little bit worried because he was thinking that he might be caught or whatever complications may occur during that day of his flight.does he need to worry for any possibilities?since he didnt give a notice to leave his work amd he still have 2 yrs in contract…does his boss has the power or connections to hold him??

4

http://www.owwa.gov.ph/?q=content/guide-taiwan

It is illegal for employer to keep the worker’s passport, ARC, and money.

That said, your friend shouldn’t be breaking a contract without notifying the employer.

5

What kind of job is it? We usually get questions about so-called “white collar” jobs. If this is about a “blue collar” job, the rules are slightly different. (Reminder: no-one here is a lawyer, or if anyone is, this is still not legal advice.)

Still, if the Labor Standards Act applies (including some but not all blue collar jobs), Article 14 allows the worker to terminate the contract without advance notice, if the employer is not paying the full salary or has recently broken the law (if the worker became aware of the situation within the last 30 days). Using this method also entitles the worker to severance pay within 30 days of termination, but it sounds like the employer would refuse to pay, and it’s difficult to file a lawsuit while you’re in another country.

The Employment Service Act and the Civil Code also apply, even if the LSA doesn’t apply.

The ESA doesn’t offer much protection, but Art. 57 forbids withholding the passport, using threats, etc.

The Civil Code (Art. 489) allows contract termination “in the event of any serious occurrence”.

LSA: Labor Standards Act - Article Content - Laws & Regulations Database of The Republic of China (Taiwan)
ESA: Employment Service Act - Article Content - Laws & Regulations Database of The Republic of China (Taiwan)
Civil Code: http://law.moj.gov.tw/Eng/LawClass/LawAll.aspx?PCode=B0000001

Ideally, the employer will agree to the termination and provide the necessary paperwork. Without this paperwork, there may be some trouble, as in ESA Art. 56.

Should an employed foreign worker have been unjustifiably absent from his/her work and not in contact for three consecutive days or should the employment of a foreign worker be terminated, the employer shall notify in writing the local competent authority(ies), the entry and exit administrative authority and the Police of such event within three days thereafter. If an employed foreign worker has been absent from his/her work and not in contact with their employer, the employer may notify in writing the entry and exit administrative authority and the Police of conducting the inspection.

“What? He says I agreed to let him go? He’s lying! Does he have a certificate of leaving employment? No? So he must be lying!”

If there’s enough evidence to prove that the employer is breaking the law in a way that allows the worker to terminate the contract, but the employer does not agree, what a local person would probably do is send a legal deposit letter from the post office stating the reasons for terminating the contract. An email can also work, but the employer will have a chance to deny it (“I never received the email!”), so a legal deposit letter is the safest way. (It’s not the same as registered mail btw.)

The labor department in the city/county where the work occurs (not necessarily the city/county where the worker lives) has jurisdiction and can offer advice, arrange for mediation, and conduct an inspection (though not necessarily a thorough one). Some labor departments, for example the one in New Taipei, offer service in multiple foreign languages (Indonesian etc.).

There’s also the Legal Aid Foundation, if a lawyer is needed.

Please let us know how it works out for your friend.

1 Like
6

So you mean, the employer will just report the incident ( of a missing employees) if ever they will gone for 3 days???
…so regarding to my friends situation,he is still working right now at this very moment…it means that the employer has no right to submit names to the immigration/airport in advance?since my friend is still working with them…

7

Basically, yes. If he just disappears without saying anything, the employer can accuse him of 曠工 (kuanggong). To be safe, he needs to be able to prove that he terminated the contract properly, ideally with a 離職證明書 (lizhi zhengmingshu, certificate of leaving employment) stamped by the employer (and maybe some other papers if it’s a blue collar job).

As for the boss calling the airport in advance because he thinks the guy might run away in the future, I don’t know of any procedure for that.

The labor department should know more about this kind of thing than I do. It sounds like the company deserves to be inspected anyway (if the boss is holding anyone’s passport etc.), so perhaps your friend should file a request for labor inspection before he leaves Taiwan

(If someone requests a labor inspection, the informant’s name cannot be revealed to the employer without permission. Even if the employer finds out who the informant is, it’s illegal for the employer to retaliate, but it’s still safer to do it after the contract is terminated.)