Uncertain situation of Employment Service Act, Article 51


#1

Is it possible for “types 8-10” to change to “types 1-8”? And does two years work experience based of labor work permit qualify for change to professional work permit or as economic visa if the worker has bachelors degree? :?

Here is a summary of the restrictions that Article 51 lifts for these five categories of foreigners:

Article 46-1 Foreigners can be only hired to certain kinds of work:

  1. professionals/those with technical skills
  2. executives in foreign companies
  3. certain kinds of teachers
  4. Buxiban teachers
  5. coaches and athletes
  6. religious workers, artists, performers
  7. sailors
  8. fishermen
  9. maids
  10. laborers
  11. “special talents”

(I’ll refer to these as Types 1-11 below.)

Article 46-3 Contract is required for Types 1-8. Period of contract equal to period of work permit.

Article 47 Employer must recruit domestically before hiring foreigners for Types 1-8 [this could have interesting repercussions].

Deportation upon failure of health test.

Quotas by nationality permitted for Types 1, 8-11.

Article 52 Types 1-8 must wait 40 days before reentry after expiration of original permit. Limited to six years of work cumulative.

Article 53-3 Type 1-8 employees cannot change to Types 8-11.

Article 53-4 Types 8-11 cannnot change employers or work except under Article 59-1.

Article 57-1-5 Employers are required to have employees undergo health tests if so required by law.

Article 72-1-4 Employers can have their quota of laborers revoked if they fail have employees take health tests.

Article 74 Foreigners must leave

[Moderator’s note: Article 51 specifies five types of people, and does not make any specifications about these Article 46 categories, except to say that they do not apply . . . . . ]


#2

COORDINATION MEETING FOR ARTICLE 51 WORK PERMITS

Bring all your questions.

Location: Legislative Yuan, Taipei

MC: Chinn, Hwei-ju (PFP Legislator)

Date: March 6, 2003 Thursday afternoon. We need to be there by about 2:15. I will brief all those who arrive early.

Contact me if you want to attend: empathy@ms2.hinet.net