Hi everyone. I know this is an age old question, but I must ask, what is the best way to handle getting your work permit canceled by an employer who refuses to do so after you’ve quit? Has anyone found an effective way of getting around this problem? My previous employer is not thrilled about me quitting, and has no intention of releasing me from work permit limbo so that I may seek new employment. I was told by the labor affairs bureau that I should ask my old employer again, but I was also told by the national immigration office that my old employer is required by law to cancel the work permit if I’m no longer working there. If they need to cancel it, then wouldn’t they be breaking the law by not doing so? and who would be able to enforce this law? Thank you!!
Also, my employer had asked me to work for nearly a month before even receiving my work permit, which violates the law. Is there any way I could use this to my advantage in getting my permit canceled?
If you have a letter of termination from the previous employer, I think your old work permit doesn’t need to be canceled. If not, you may ask to your employer again, then consult with the labor affairs bureau again?
If your job was subject to the Labor Standards Act, the employer is required to issue a 服務證明書 at your request and can be fined for refusing to do so. If not subject to the LSA, you can still reasonably expect one. If they call it a 離職證明書, it carries the same legal weight. The point is to have proof that the contract has been terminated. Once you have the certificate, I suspect you can fix any lingering WP problem by showing the certificate to your new prospective employer and/or the WDA.
If the employer refuses to issue the certificate and/or claims the contract is not terminated, talk to the labor department. They will probably recommend mediation, which they can arrange for free. You can also request a labor inspection if you want to see the employer punished for refusing to issue the certificate (if subject to the LSA), but that’s separate from mediation.
If for whatever reason the contract was not legally terminated, or it’s not clear whether it was, and the employer refuses to release you, then you should talk to a lawyer.