Posted by bobl in another Q and A for Foreign Workers - Legality about work rules.
Checking through the entire English and Chinese version of the Employment Services Act, I cannot find support for the first part of the wording in Answer 34 re: illegal working. Specifically, I have a problem with “who work without applying for a work permit through employers…”
It sounds like the fact that so long as your employer has submitted one’s work permit papers to the Council of Labor Affairs, you are legal to work. Some of us have operated with this understanding. I’ve been skeptical personally. My skepticism is now further reinforced by the recent deportation cases in which I was able to discuss and interview the individuals. Work permit papers were submitted and CLA proof of such registration was presented. It did not affect the FAP finding of illegal working. It seems to be that according to the FAP, upon approval and issuance of the work permit, then and only then, are you deemed legal to work. Mere fact of applying for work permit by the employer is not sufficient to show legally working status.
Furthermore, according to Employment Services Act Article 57, Section 1 (EN):
[quote]As for employment of Foreign Worker(s), Employer shall not engage in any of the following:
- Employing a Foreign Worker [b]without Permit…[/b][/quote]
[color=red]EDIT 2: Additionally, according to Employment Services Act Article 42 (CH): the wording is that the foreigner’s work permit must have been applied for and approved by law.
第四十二條
外國人未經雇主申請許可， 得在中華民國境內工作。[/color]
If this is the true and correct understanding of both the law and bureau rules and regulations, then I can safely make this statement as true:
If you ever stepped foot into a school and did “work” without having a work permit approved or an ARC in hand to work at that specific school, then you were working illegally.
As I understand it, that would mean 99.9999% of English teachers in Taiwan.
I can also state as truth the following:
As an employer, if you ever requested your teacher to show up to school without receiving such work permit in question, then you violated the Employment Services Act and put that person in jeopardy.
[color=indigo]EDIT 1: According to the Chinese version of Employment Services Act, the word used is 申請 (apply for) which does not imply approval/receipt of said application. And we know that Chinese version prevails so, this creates some problems. I believe the Chinese law was written poorly, poor wording. It may be infact that mere approval is sufficient, but that would create major issues for those facing deportation based on incorrect application of the law by the FAP!
NOTE: See Edit 2 above reference to Article 42 invalidating EDIT 1. I left Edit 1 in for analytical history so others can double check my interpretation.[/color]
The investigation continues. We shall update this thread as soon as we obtain more concrete information.