Employment Services Act, new Article 51

Reading through the posts concerning this permit, it seems to imply that this work permit is applicable to ANY and ALL work, and overturns restrictions that were previously in place for foreign spouse work permits. If such restrictions (as the ones you mentioned) were in place, Article 51 permits could not reasonably be interpreted as “open work permits”. Therefore, it would seem the info given to your friend is indeed either erronious or miscommunicated. Please correct me if I’m wrong, anyone!

Great! People are starting to get thier work permits.

So, now I must ask. If a person sent the application the week before Chinese New Year, what date should we start following up if we haven’t recieved it.

Who should we contact? And, how would we go about following up nicely.
Thanks.

I sent in my application on Feb. 18th, and after the office people losing it and then phoning back to say they found it, I received my work permit this past Monday, March 25 … I found it helpful to phone this number at the CLA: 02 8590 2315. Ask for Charlotte, and she’ll be able to track down your application. Best of luck.

My OWP (if it really is that) arrived in the mail yesterday from the CLA. I applied for it on March 18 and the lady at the counter said the processing time would be seven days, which was accurate. The permit seems to say that as long as my residency (I have a permanent residency certificate) isn’t revoked or expires, I can work in the Taiwan area. So, theoretically speaking, I’m assuming that I can go to a petrol station or a fast food joint, wave this little piece of paper and apply for a job, right? Moreover, those places couldn’t refuse me because I am a foreigner, right? With this permit in hand, does any future employer have to do any extra paperwork regarding my employment, any more than he’d do for a local?

Q&A
Q: I’m assuming that I can go to a petrol station or a fast food joint, wave this little piece of paper and apply for a job, right?
A: Right.

Q: Moreover, those places couldn’t refuse me because I am a foreigner, right?
A: Right. However, if they are not looking for new employees, then you will have to try somewhere else.

Q: With this permit in hand, does any future employer have to do any extra paperwork regarding my employment?
A: No additional paperwork is required.

Got my OWP in the mail, yesterday. Took exactly 17 days from the day I mailed it out. A friend of mine recieved his the day before, and he applied a week earlier. I assume that CLA must have just recently began issuing them as it seems a lot of folks are getting their OWP’s this week. Thanks, Richard, your help is immensely appreciated. Thanks to everyone that contributed information on the Article 51 permits! I feel pretty damn good, right now!

Richard, thanks for the prompt reply and all of your information. Indeed, it feels good after all these years to finally have these rights here. But wouldn’t it be nice if our PARC numbers could be the same length and format as the ID numbers for locals? It would clear up a multitude of minor hassles we have to face.

I am coordinating with the National Police Administration and the Bureau of National Health Insurance to put such a system in place so that it will be available as an “ID number” to use on foreigners’ National Health Insurance IC cards.

Thanks Richard. Got mine last week. They even returned the NT$100.

Another question: A while ago, the CLA mentioned they hadn’t decided yet if that permit should be valid for only one year or without further restriction - now that the first permits are out, what is the status?

[Moderator’s note: An Open Work Permit issued under ESA 51.01.01, 51.01.02, 51.01.04, and 51.01.05 has no expiry date. However, you must maintain a valid resident certificate.]

Finally went in and applied for my permit in person today at the CLA’s office on Yanping N. Rd.I was told that I would receive my permit in 7 to 10 days. One interesting note–the receipt I got for my application says that this is a 外勞申請案 (application for foreign laborer). I double-checked with the people at Counter 3, and they said that this was correct.

If in order to keep a OWP you need to keep a valid ARC - how then do you do it if one isn’t married to a local (with an ARC based on that) nor a APRC holder? Usually the work permit gives you the right of residence. Now the residence gives you the right to work???

Also on a related note - If my article 51 work permit (having a specified employer) is issued, can I use that to extend my ARC just like as if it was an article 46 work permit?

See my article about “Open Work Permits” in the China Post, Prime Time section, Friday, April 19, 2002.

Today’s article was very informative, a great follow up to last week’s. I look forward to the 3rd article next week, the one that deals with section 3

I am amazed at the number of friends I have who are still not aware of these recent changes, but then none of them are internet junkies, or China Post readers

I must thank Richard for all his hard work.

There is still something I’m not clear on and would appreciate help with. If I have resided in Taiwan for more than 183 days every year for the past 5 years am I eligible for an OWP? I currently hold an ARC and valid work permit.

Please send me a private email with full details on your employment history for the last five (or more) years in Taiwan, including jobs held, number of days legally employed (& legally resident) during the year, marital status, nationality of spouse, educational background, etc.

Do you have copies of all your previous work permit letters for this period? You will need those to apply via 51.01.03

Anybody applying under 51.01.03 isn’t eligible for an OWP!

I am only eligible for article 51 permit under 51.01.03 (5 years work permits + residency).
Anybody applying like me isn’t eligible for the Open Work Permit - basically all you can get is simply an Article 51 permit (Article 51 has replaced Article 48 in the new ESA).

There are now two forms available for article 51:

  1. Personal form - which is only valid for Article 51, section 1, subsection 1,2,4,5.
    Specifically, that is
    51.01.01 – foreign spouses, who have residency based on marriage
    51.01.02 – refugees or stateless persons, who have residency
    51.01.04 – lineal blood relatives of ROC citizens
    51.01.05 – permanent resident foreigners

  2. Employer form - This form is basically same as the old Article 48 form and requires an employer.

If you have questions about ESA Article 51 I encourage you to make an appointment with me for personal counseling.

The China Times is reporting today that the Council of Labor Affairs is considering relaxing the rules for open work permits so that foreign spouses would obtain their work permit automatically when they receive their ARCs

with the article 51 work permit, it mentions in there that if you have been criminally convicted of a crime in taiwan, you can’t apply. last year, when i just got married, i got nailed for teaching illegally(had an arc through another school-working two jobs), i am out for a year and returning shortly, after i get my marriage arc, I will go to the CLA and apply for my 51…will i have any trouble because i was deported for working illegally in the past???i do have a ‘c’ stamped in my passport(which means i am controlled)…i have appealled at immigration and have recieved a letter stating i can return on a specified date…but i am worried that because i got nailed for working illegally that it may affect my chances of getting the 51 work permit…but on a lighter note, i know that it isn’t a criminal charge to work illegally, but i still got my ass deported…what are my chances???does it have to be reviewed??should i get a new passport??i know with computers that they can check anyways so the passport thing probably won’t work…