Is it possible to have two jobs legally?
I have heard that at least in the case of English teaching, you are not legally allowed to work for anyone other than the school that issued you the work permit. You can’t have two work permits can you? Is there some way around this? I like having two jobs.
Bri
I don’t think so. You can only be issued with one work permit, unless you are married to an ROC national.
However maybe it would be a good thing if the government changed the law.
At the moment how many people are working illegally with a second job, and how much money are the goverment not recieving in tax because of this.
If I was to teach at more than one school, as many teachers do, then the school and you would have more security in the matter, making for a better work environment.
Also it would remove the vaccum in Taiwan for good teachers, if the person was only allowed to recieve a second work permit based on a reference from the its first school, or someother measure like that. Basically only giving “good” teachers the ability to apply for a second work permit. This could also be applied to office jobs. A common trend at the moment is that jobs in companies are offered in most circumstances to foreigners because only a foreigner can perform/do the tasks of the job… language ability etc.
I am unsure of the logic behind the one work permit. I don’t think foreigners would be taking job oppotunities from ROC nationals by having two work permits.
The law says:
Employment Services Act. Promulgated on May 8, 1992.
Chapter 5
The Recruitment and Supervision of Foreign Persons
Article 53
An employer shall not behave in the following manners:
Employ or continuously give employment to foreign persons without permission, or when the permission has been invalidated,
Employ foreign persons under his own name to work for other people,
Employ or continuously give employment to foreign persons for whom others have applied for work permits,
Assign foreign persons to engage in work other than that denoted in the permit.
Article 54
In case any of the following conditions prevail, the foreign person’s work permit shall be partially or completely revoked:
Working for an employer not certified in the work permit,
Engaging in work not mentioned in the work permit,
The existence of any of the situations specified in Article 52,
Refusal to have regular physical check-ups during the period of employment, or if the physical and/or mental competence of the employee is inadequate for the work assigned, or if the employee suffers from an infectious disease stipulated by act or death.
Violation of the demands prescribed in accordance with paragraph 2 of Article 44, Article 45, Article 46, or paragraph 1 of Article 47, causing serious consequences,
Violation of other laws or regulations of the Republic of China, causing serious consequences.
Any foreign person whose work permit has been revoked as denoted in the previous paragraph, shall be compelled to leave the country immediately and shall not be allowed to seek work in the Republic of China.
So in short, you can only have one work permit, and only work for one employer.
Regards
John
taiwanteacher.bizland.com
taiwan_teacher@hotmail.com
Kaohsiung
I would confirm John’s analysis, with the obvious exception of those foreigners married to local citizens whose employers are applying for work permits via ESA Article 48.
I also hear that there are new regulations being drafted which would greatly increase the monetary fines for (1) employing foreigners illegally, or (2) working illegally. Hence the often-heard recommendation to STAY LEGAL seems very good advice to follow.
I have to agree with Mad Max. The logic for not allowing more than one job seems a bit odd. The government could make more tax money from those who would prefer to be legal but are offered no option of they want more work. My guess is that it’s so the employers can keep the employees at their mercy.
Bri