Getting work permit for contract

Legal Legal - Work
1

Good day friends

I am working as a management trainees in a company in taiwan from last one year. My contract will be over by June but the company I am working in is interested in hiring me ie they want me to work for them for a couple of years more. I am post graduate and would like to know the procedure of getting a work permit/work visa.

At present my visa was approved by ministry of education for traineeship which is part of an educational exchange program. I guess now I need to go through a different ministry as the employment will be a formal work contract.

Can any one please guide me of the procedure involved and the office that I and my company need to contact and apply for the work permit? Do you know how long does the procedure takes.

I will like to thank you all in advance for your kind advice and suggestions.

My sincere regards

Shubh

2

Can you provide more information, such as (a) your nationality, (b) highest level of education attained, institution attended, and major field of study, © marital status, if married: nationality of spouse, (d) what kind of job you are currently doing, (e) ROC government agency under which your company/organization is registered, (f) current visa status, (g) future plans, etc.

3

Hi there

Nationality: Indian
Eductaion: MBA
Work: Business administrator
Managing the new joint venture with a european firm and training of the employees

Company registration: whats this mate. Can you give me more info. so that I can ask the HR people

Not married

Current visa is the residence visa and have ARC that expires in june 2001

in future will be moving to Australia from where I finshed my education.

4

Anyone in the accounting department of your firm will certainly know about the “company registration”, and under which government agency the company/organization is registered. You can ask them to verify that information for you.

Did you receive your MBA in Australia, or where? Which institution? What was your major field of study?

You have stated that you want to move to Australia. When? Are you just planning to stay in Taiwan a few more months after your ARC expires in June 2001? Or how long?

5

Hi hartzel

Mate, I really appreciate your early responce. I did my MBA from Edith Cowan University. My major is Strategic planning and Change Management

I intend to move to Australia in one or two years. A lot depends on this job that sounds very promising atleast for next 1 year.

regards

6

  1. Work Experience
    You need to have at least one year of real work experience AFTER completing your MBA degree. You need to present this employment reference from you previous employer. You cannot use your traineeship as your 1-year working experience.

  2. Special Assignment
    The company should be able to present evidence that no other Taiwanese can perform the job you are currently doing for the company, thus the company needs to hire a foreigner for this special assignment.

  3. Others
    Prepare those documents such as: MBA certificate, Employment Reference, copy of passport, etc. You need to have all you documents endorsed by the Taiwan Representative in your country (India), except maybe for your MBA certificate (Hartzel?).

7

I have a question… does anybody actually know the letter of the law in Taiwan.

I ask this because on numerous occasions, people write in with advice. Although their motives are honourable, in wanting to help somebody, they can be misleading. The worst kind of statement is the “I think” or “I heard” statement, people giving what they feel the law is in Taiwan. You also get this just talking to people, with the "I heard " or “I think”

Example:
The last posting about the Taiwan Representative office. They do not have the right to endorse anything in another country. What they can do is validate the authencity of a signature on a piece, and this is complicated. I phoned them and asked them this. Therefore you do not have to endorse any document in your home country. The office can and will not do it.

The two years work experience and the letter of reference.
It doesn’t matter if it was before after during your undergraduate/masters. What the government want is a piece of paper. They don’t even check it, as long as it looks good. As long as you have A B and C you are ok. I got my work permit this way.

Changing work permit:
My friend heard from another friend that heard from another friend etc… that he needs to leave the country and return to his home country to change the work permit. But again nobody is sure about this.

My point is when doing something in Taiwan check it out the laws yourself, there is too many Taiwan Law experts on Oriented and in Taiwan, while their advice usually helps, sometimes the “I think” “I heard” advice can be misleading. The best advice comes from the letter of the law.

8

I agree with the viewpoint of BobDee entirely. Unfortunately, having been in Taiwan twenty-five years, and having studied Taiwanese law for the last six years, I can tell you that what many government departments will tell you that the regulations are, and what the law actually says, are at a wide variance.

There are a number of peculiar historical reasons for the existence of this curious state of affairs, however I can assure you that it does indeed exist. In most situations, if you have done your homework, and know what the law actually says, when you talk to the officials in question, and they do not agree to “your interpretation”, all you get for your trouble is an argument.

In fact, there is very little precedent in Taiwan for “foreigner’s rights.” There have been hardly any cases in the administrative courts where foreigners felt their rights were being violated, and demanded better treatment.

Is there a solution? Yes, and it is a three letter word. The word is “sue”. That is my recommendation. I handle many of these cases myself, for locals and foreigners alike, from all corners of the island.

But, it is a complicated and lengthy procedure. There are no “instant solutions”. I am familiar with all the documentary requirements (you must have a verifiable trail of paperwork), the procedures for filing an administrative appeal, and later the administrative suit. Obviously, it all has to be done in Chinese.

My suggestion is that a person who is applying to do something should first research the relevant laws, and then begin the procedure. If there are some unfair stipulations, it could be possible to “design a test case” so that we could move the entire issue through the legal system to get a solution, based on the “letter of the law”. Over the long term, that will clearly benefit the entire foreign community.

I actively work on researching all these types of human rights issues every day, and call on legislators and other government officials on a regular basis.

Keep in touch.

richard@oriented.org
http://www.oriented.org/profiles/richard.hartzell.shtml

9

Hello Bob Dee and Hartzell
Thank you guys for your information. Its really of great help.

10

I agree with Bobdee and especially with Hartzell’s view that all requirements may vary depend on which counter you go to in the related department.

My lawyer advised me to have all my documents endorsed by Taiwan Cultural and Trade Office in my country. Indeed, it was very difficult to get one, e.g.: for university diploma, you must have it endorsed by the Department of Education and the Department of Foreign Affairs before you hand it to Taiwan Office.

I was also advised that I need to have at least 1 year work experience (2 years for undergrad) since I hold an MBA degree, but it has to be after I graduated from the uni.

Well, unonano, just consult this with your lawyer, and he/she will find the best way for you.