Dear friends,
First a big thank you to Richard for providing me with the CLA’s website link. It saved a lot of searching and proved very fruitful.
I have checked out the Council of Labor Affairs website. I am not an expert in interpreting the jargon, but it appears to me that according to Article 50 a foreign student enrolled “in public or registered private colleges or universities can work up to 16 hours a week.” (I assume that this would be with a registered bu xi ban, etc., not an illegal operation, but I’m not clear how this affects private tutoring.)
Does anyone have any information to add to or that counters this?
I could find no stipulation about needing to study for a year first for Article 50 to be effective.
Also I am not clear about whether under Article 50 a foreign worker still needs to obtain some kind of work permit before they are able to work or if there are ather requirements or some legalities that need to be handled when a foreigner is employed under Article 50. Any clues?
I am looking into this matter further and will post my findings along with the relevant links. If any one already has relevant information that you’d like to share with us please feel free.
Links: Please post links so we can varify information or other helpful sites that might enlighten us. (I’ve only checked out the CLA so far and I don’t know where else to go. Any suggestions Richard?)
I am by no means an expert in this field and may be reading the legal jargon wrong. Perhaps someone with more ability in this area can confirm for us or straighten me out on any misunderstandings I might have.
I have pasted Articles 46 and 50 which I feel are relevant to the topic and the link to the site below.
Thanks all.
Article 50
An employer intending to employ foreign students with following status may be exempted from restrictions of Paragraph 1 of Article 46. The working hours of school days shall not be longer than 16 hours in one week.
- Foreign students who enroll in public or registered private colleges or universities.
- Overseas Chinese students or other students with Chinese origins who enroll in public or registered private high schools or above.
Article 46
Unless provided otherwise in this Act, an employer shall recruit foreigners to practice only the following jobs in the Republic of China:
- Specialized or technical work;
- Executive for an investment project or business conducted by an overseas Chinese or a foreigner and approved by the authorities concerned;
- Teachers for the following school systems:
(1) Public or registered private colleges, or above, or foreign schools;
(2) Approved foreign language courses offered by public or private registered high schools ,or under;
(3) Bilingual courses offered by public or private registered experimental high schools, or bilingual schools; - Full-time foreign language teachers with termed contract in a registered cram school compliant with the Complimentary Education Law;
- Sports coaches and athletes;
- Religious, art and entertainment jobs;
- Seafarers or ship workers of commercial ships, working ships and other ships exclusively permitted by the Ministry of Transportation.
- Workers for marine fishing industry;
- Domestic helpers;
- Jobs designated by the central competent authority concerned in relation to major public construction projects or the needs of economic and social developments; and
- Other specialized fields where domestic manpower supply is insufficient but necessary for business operations, provided that such demand is approved by the central authorities concerned.
The central authorities concerned shall stipulate the job qualification and examination standards for foreigners practicing the above job categories.
An employer hiring foreigners to practice tasks described in Subparagraphs 8 to 10 of Paragraph 1 shall have their labor contracts drafted in accordance with fixed term. Those that do not indicate fixed term shall comply with expiration of work permission. The above-mentioned regulation applies to the extension of contract as well.
Council of Labor Affairs