Does my employer legally have to supply me with a 在職證明書 “Certificate of Employment” if I request it, does the certificate of employment show how much I earn per month, and can that certificate of employment be used as evidence when applying for a credit card or housing mortgage?
Thanks
FYI
This seems to be an answer to the question from an opposite side (employer).
Surely every detail you asked would be at the discretion of your company or the bank. Maybe ask the people who might be able to help (e.g., your company, the bank) to get quicker results.
Surely if you don’t know the answer to my question, you don’t need to post a reply.
Don’t you think I already asked my boss? They didn’t even know what a 在職證明書 was.
Don’t you think I already asked my bank? They don’t know the requirements for foreigners.
There is not a single answer to your question. Do you think there is a law which states whether or not salary must be written on the 在職證明, or another law which states that banks must accept such as proof of income?
You have asked two questions which depend entirely upon the people in question (your work and bank), as if anyone here can answer for them.
If they don’t know what a 在職證明 is, get a sample of one and show them. If you want them to include your salary, ask for that.
If the person you asked at the bank doesn’t know whether or not it’s accepted, find someone at the bank who knows.
I still don’t understand what kind of answer you expect to get here.
If your employer won’t give it, will you tell them “but someone on an online forum said you would”? If your bank won’t consider it as part of the credit application, will you tell them “but someone on an online forum said you would”?
Please explain how you might expect someone here to help, unless your boss or bank rep happen to be browsing Forumosa.
Actually, OP contains three questions.
余政勳律師 太和法律事務所 said
“於學理上認為雇主對勞工亦負有「提供經濟地位向上義務」，且依據契約平等誠信原則下，勞工於在職期間基於正當目的事由（例如報考在職班、個人申辦貸款需要等）而要求雇主開立依據在職事實開立「在職證明書」，此尚無損雇主權利之虞，自仍應解為雇主本於勞動契約應負固有義務，不因法律無明文規定即任意加以拒絕。故就題旨所詢，該員工既現仍雖初到職，但現仍在職工作既為事實，雇主如經員工申請而依據事實開立（可載明該員到職日期）應尚無不妥。”
What a lawyer said on a government site may be a bit more useful than what someone on an online forum said.
there is no legally fixed format, so
You can use it as evidence, but the bank decides whether it is enough.
I know this will come off as sarcastic, but I’m genuinely curious what OPs boss says in response to “in the opinion of a lawyer found on the MOEA’s SME legal help website, you are required to give me a 在職證明書.”
If that works, I’ll be gobsmacked.
I’m not fully understanding the Chinese, but is the opinion of a lawyer saying an employer is required to give a 在職證明書?
Short answer: yes, it’s implicitly required.
If the employer refuses, ask the labor department for advice.
Worst case scenario A: the employer fires you, and then it can’t refuse to issue a 服務證明書 (which is basically the same thing), assuming your job is (was) subject to the Labor Standards Act.
Worst case scenario B: the employer simply refuses, so you file a complaint, and one way or another you end up with a 公文 confirming your employment, whether it’s a mediation record, a labor inspection record, or a court record.
As Tando said, your salary does not need to be included in the document issued by your employer, but it should not refuse to issue (separately) a pay slip or acknowledgement of payment in one form or another, and of course it eventually needs to give you your tax receipts. A mediation record would also state your salary.