I am writing this on behalf of an acquaintance. Newly arrived in Taiwan, he was employed by a not-so-well known chain school. They allegedly applied for a work permit etc. with copies of his passport. Then they advanced him some money as he was broke they had not provided the hours that they had stipulated on the contract. For this, they withheld his passport. Then they turned round and said that they hadn’t actually applied for the relevant documents in time, and, due to his passport being in the safe, he had overstayed his visa. He got the next flight out to Hong Kong, but had by this time overstayed a week. He got a new visa in Hong Kong, came back, and by mutual agreement left the job (with notice) as they did not in fact have enough hours to offer him, had taken all kinds of strange deductions off him, and were generally all round not too nice characters. As they had not stuck to their side of the contract, they agreed to allow him to find alternative employment, which he did very quickly. The 1st company said that they would not cancel his 2nd visa and allow it to run until it expired (which was last Thursday, although it is a mott point whether they had the right to cancel a visitor visa anyway.) However, owing to the fact that the 1st company had begun (but not completed) the work permit etc. application on the 2nd visa, the 2nd company could not process the application. The 2nd company only found this out on Thursday, and owing to typhoons and such like, the next flight out to HK was on the Sunday, meaning he had now overstayed by three days.
On arrival in HK, they told him point blank that there was no way he was allowed back in the country having overstayed two visas. He has since had to fly back to New Zealand at considerable expense, leaving all his possessions in Taiwan which will have to be forwarded also at considerable expense.
From my knowledge of the law, the first company (who have rather nasty reputation for this kind of thing anyway) have contravened article 57 of the Employment Service Act:
Article 57, which states an employer shall not:
detain or appropriate foreign workers