Hey,
I just got married to a Taiwanese and got my marriage ARC.
Now want to do some translation/consulting for a local company.
I know I don’t need a work permit. But I’ll probably only make about 15k/month. Is that legal? Or does the monthly minimum wage for foreigners still apply?
I’d appreciate any infos, if possible incl. links/sources.
Cheers,
Matthias
yes, it is legal. No foreigners’ minimum wage restriction for a spouse with an ARC.
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Minimum wage requirements only apply to those foreigners who are not exempt from work permits or qualify for work permits by themselves, i.e. foreign spouses of ROC citizens with household registration in in Taiwan and foreigners holding an APRC.
That being said, the general 140 NT$/hr minimum wage still applies to employees. Since you are a freelancer that is not your concern though.
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To clarify, let’s make sure there’s no confusion between the “minimum (foreigner) wage” (only applies if you have a normal work permit) and the “Basic Wage” (applies if you are subject to the Labor Standards Act).
As Hsinhai points out, a freelancer is not (supposed to be) an employee/worker, so if you are truly freelancing while work permit-exempt, you are not supposed to be subject to any kind of minimum wage.
If the company treats you as an employee/worker, that’s another story. Try to make sure the nature of relationship is unambiguous.
Thanks for your quick replies!
I was planning to sign a consultancy contract with the company. I guess that way it’s clear I’m not an employee?
Just out of curiosity: Could I have done that even if I wasn’t work permit-exempt?
Regards,
Matthias
[edited by moderator]
… and the income is declared as Gaofei (manuscript fee) by the agency.
Legally, no, you couldn’t have. 
As for contractual clarity, here’s the basic formula:
- no-one supervises you
- you set your own hours
- you work wherever you want
- you use your own tools
- you have no non-competition agreement
- all you need to give them is a piece of content when you’re finished
- you can quit whenever you want, no advance notice needed
If all those boxes are ticked, it’s clear: you’re not an employee (and also not a “worker”). The more the contract deviates from that, the less clear it is.
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