Is a second work permit in a different industry allowed?

Legal Legal - Work
#1

I am currently an engineer for a computer company in Taiwan and I want to do some part-time English teaching at night. I know that you can get 2 work permits, but I was told that in my case it wasn’t allowed because the 2 job fields are different (IT and English teaching). Is this true?

How does a 2 work permit system work? I heard that one company is your primary work permit hold and the 2nd company is the secondary work permit holder.

#2

Crossposted from our email conversation:

I have not heard of any rule that you cannot hold work permits in
different industries. I’m not saying that it isn’t true though. There
are certainly more absurd rules than this one.

The only thing close is the prohibition on white collar professionals
from taking a blue collar job as a new or second job. (Blue collar
workers are not allowed transfers or second employers at all.)
However, there is no restriction in the law limiting a white collar
professional to only one type of white collar job.

The law on second work permits is in Article 53 of the Employment
Services Act and is very clear on the restrictions. There’s nothing
in this article which would prevent a computer programmer from taking
a teaching job, though you could not for example take a construction
worker job. (Not that I expect you’d want to.)

However, I also know very well that it is quite common to get
incorrect information, even from officials who should know better.
Because of this, I would not rely on such advice until all avenues
have been exhausted. It is a fact of life in Taiwan that one has to
be persistent when dealing with officials to get things done.

Therefore, I would suggest you disregard this advice and attempt to
get one anyways. Your second employer would apply for your work
permit as normal, and you need to meet the qualifications of the type
of work permit. If it is granted you need to amend your ARC to add
the second work permit.

#3

[quote=“jlick”]The only thing close is the prohibition on white collar professionals
from taking a blue collar job as a new or second job. (Blue collar
workers are not allowed transfers or second employers at all.)[/quote]

Wait, aren’t those different? Is a white collar professional taking a blue collar job really the same as a blue collar worker taking a white collar job? Don’t you have a primary work permit, even if you have more than one?

#4

I’m completely confused what you are asking here, but I’ll restate what I meant:

Blue collar workers (i.e. construction workers, caregivers, assembly workers, etc.) cannot take a second employer and cannot transfer employers.

White collar workers (i.e. teachers, professionals, investors, etc.) can take a second job or transfer employers, but cannot transfer to or take on a blue collar job.

#5

I guess my question is, why not?

#6

Because Article 53 of the Employment Services Act says so.

Here are the relevant parts of the Employment Services Act governing which types of employees may transfer or take on second jobs. The parts marked in green are the ‘white collar’ jobs. Those in blue are the ‘blue collar’ jobs.

Blue collar employees are not allowed to take second jobs at all and may only transfer under limited circumstances though none under the employee’s own initiative.

[quote=“Employment Services Act”]Article 46
…
[color=green]1.Specialized or technical work;
2.Director/Manager/Executive of a business invested in or set up by oversees Chinese or foreigner(s) with the authorization of the Government of the Republic of China;
3.Teacher at the following schools, as indicated:
1)Teacher at a public or registered private college/university or school established especially for foreign residents;
2)Approved teacher teaching course(s) on foreign language(s) at a public or registered private high school or below;
3)Teacher teaching course(s) at a public or registered private experimental high school’s bilingual department or at bilingual school;
4.Full-time teacher teaching course(s) on foreign language(s) at a short-term class registered for supplementary schooling in accordance with the Supplementary Education Act;
5.Sports coach and athlete;
6.Religious, artistic, and show business work;
7.Crew member of a merchant vessel, working vessel, and vessel ad hoc permitted by the Ministry of Transportation and Communication;[/color]
[color=blue]8.Marine fishing/netting work;
9.Household assistant;
10.Work designated by the Central Competent Authority in response to national major construction project(s) or economic/social development needs;
11.Other specialized work ad hoc approved by the Central Competent Authority due to the lack of such specialist in the domestic employment market and the business necessity to retain the service of such specialist therefor.[/color]
…
Article 53
Should an employed Foreign Worker have to transfer to a new Employer or be employed for two (2) or more Employers within the duration of the Employment Permit, the new Employer(s) shall apply for Permit therefor; in case of transfer to a new Employer, the new Employer shall submit upon such application the relevant document(s) certifying the termination of the previous employment.
…
Where a Foreign Worker who has been employed to engage in work as referred to in [color=green]Subparagraphs 1 to 7 of Paragraph 1 of Article 46[/color] transfers to a new Employer or new work, he/she is prohibited from engaging in work as referred to in [color=blue]Subparagraphs 8 to 11 of same Paragraph of same Article[/color] for his/her new Employer or as his/her new work.

Unless otherwise authorized by the Central Competent Authority on account of the respective circumstances as referred to in Paragraph 1 of Article 59, a Foreign Worker who has been employed to engage in work as referred to in [color=blue]Subparagraphs 8 to 11 of Paragraph 1 of Article 46[/color] may not transfer to a new Employer or new work.
…
Article 59
Should any of the following circumstances have arisen or existed, the Foreign Worker employed to engage in work as referred to in [color=blue]Subparagraphs 8 to 11 of Paragraph 1 of Article 46[/color] may transfer to work for a new Employer or to engage in new work upon the authorization of the Central Competent Authority:

  1. His/Her original Employer or the One who was intended to be taken care of by the employed Foreign Worker has deceased or emigrated;
  2. The vessel he/sher works on has been seized, has sunk, or has been under repair so as to compel the discontinuation of the work;
  3. The discontinuation of the work caused by the fact that His/Her original Employer has shut down the factory, suspended the business, or failed to pay the wage/salary pursuant to the employment contract resulting in the termination thereof;
  4. Other than the above, similar circumstances not attributable to the employed Foreign Worker.[/quote]
#7

I currently work for a software company in a marketing/IT position, and hold a two-year work permit. Last year I wanted to earn extra income at night, so took a job teaching English to adults at a local school, permit granted. The school (legit) had to go through the entire permit-application process again. They didn’t ask questions about my full-time work contract. They did submit my ARC/passport/resident visa photocopies to the permit-granting body, which I assume would have access to all my previous work permit information. My full-time IT contract didn’t stipulate that I couldn’t accept other employment, although I have seen contracts that do.

So, yes, you can get a second work permit. Good idea to check your current contract for a “no-other-employment” clause, could save you hassle.