Leaving job and extending ARC for 6 months

UPDATE: my employer has asked to hand him over my ARC and passport. Is it really needed in order to terminate the ARC?

My contract with employer expires in 2021, same as my work-based ARC. I’ve put in my resignation letter and next week it will be my last week at the job as I’d like to leave before contract ends.
I’d like to receive a 6 months extension on my ARC. From what I’ve found out the process looks like:

  1. Employer goes to Department of Labor Affairs to cancel my ARC.
  2. DLA informs NIA to cancel my ARC
  3. I have 10 days from when NIA receives the cancellation info from DLA, to submit my application for ARC extension.

Documents I need to prepare: passport / ARC / photos / cash / 離職證明 and maybe the contract for my apartment.

Questions:

  1. My employer wants me to sign on a blank multi-purpose ARC application form. For me it seems that it’s not needed and the cancellation of ARC between employer and DLA does not need need my input.
  2. Any other things I should be aware of?

I wouldn’t leave it so late to go to the NIA. Sometimes the NIA is efficient and will cancel your ARC earlier than you expect.

Have your employer print, date, and stamp an ‘employee termination letter’ and take it to the NIA along with your other documents. You’ll receive a 6 month ARC backdated to the date on the termination letter.

You don’t need to sign the ARC application form provided by your employer. You can handle this yourself. I’m not sure why they want to.

The employer says they need my passport & ARC in order to cancel the ARC - which does not make sense.

I’ve just called up NIA and I was told that employer handles the ARC termination process with labour department. As for ARC extension that could be handled by me.

The employer wanted me to sign on a blank multipurpose ARC application sheet… hell no.

Your employer doesn’t need your passport. They have that information on file. Your ARC needs to be returned to NIA when you apply for the new one. Again, your employer doesn’t need it.

It sounds like your employer wants to confiscate your passport and make life hell for you.

Few more questions:

Assuming that my last day on the job is 4th of June:

1/ When should I be given 離職證書? If I am not given the termination letter, where then just call the foreign labour inspector ASAP?

2/ Usually I’m paid on 5th for the 1-31 of previous month. Should I be paid for the 1-4 of June since it’s last day or should I await until next month? What does the law say about it?
Where to go in case of discrepancies in salary? 勞動部?

  1. Under the Labor Standards Act, Art. 19, the 離職證明書 or 服務證明書 (same thing) can be requested “upon termination” of the labor contract (勞動契約終止時). The law doesn’t prescribe a precise deadline, but if the employer shows any sign of stalling, you should talk to the labor department. (The LSA applies to most jobs. If your job isn’t covered, you can still ask the labor department for advice.)

  2. Iirc the employer can delay your final pay until what would be the regular payday if you were still working. The labor department (勞動局 or 勞工局 – not 勞動部 which is the Ministry of Labor) is also the place to go if your employer underpays you.

Another update. Today is my last day.

The employer did not give me the 離職證明書 yet. He says that he wants to go to NIA with me tomorrow to make sure my ARC gets cancelled. and that I will be given 離職證明書 tomorrow.

For now I just go with the flow. Cancellation of ARC does not happen at NIA, so once I get the 離職證明書 I can apply for ARC extension.

And in case he does not hand 離職證明書 over to me then I straight call up the Labour Department.

Of course I tried explaining that the thing with NIA does not need to involve the company… but he seems to have some other info…

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