August 2018
Interpretation of the circumstances where "the switch is not attributable to the employer" under the proviso of Article 14-7, Paragraph 1, Subparagraph 4 of the Qualifications and Review Standards for Foreign Nationals Engaging in Work under Article 46, Paragraph 1, Subparagraphs 8 Through 11 of the Employment Service Act (Taiwan)
2018.6.13
Jonathan Chao
The Ministry of Labor issued the Lao-Dong-Fa-Guan-10705062081 Circular of June 13, 2018 (hereinafter, the "Circular") to interpret the compliance with the circumstance where "the switch is not attributable to the employer" under the proviso of Article 14-7, Paragraph 1, Subparagraph 4 of the Qualifications and Review Standards for Foreign Nationals Engaging in Work under Article 46, Paragraph 1, Subparagraphs 8 Through 11 of the Employment Service Act (hereinafter, the "Review Standards").
Under Articles 14-2 through Article 14-5 of the Review Standards, relevant laws and regulations, based on different circumstances, restrict the ratio of the initial number of foreign nationals recruited for work and the total number of foreign nationals as recruited when an employer applies to recruit foreign nationals. With respect to the determination of the "total number of foreign nationals as recruited," relevant determination standards are stipulated under Article 14-7, Paragraph 1 of the Review Standards, and Article 14-7, Paragraph 1, Subparagraph 4 of the Review Standards specifically provides that "the number of foreign nationals switching employers pursuant to Article 59 of the Employment Service Act two years prior to the application date" shall be included, provided that "this shall not apply if the switch is not attributable to the employer." This Circular interprets the circumstances where the "switch is not attributable to the employer" within the meaning of the proviso of Article 14-7, Paragraph 1, Subparagraph 4 of the Review Standards.
According to this Circular, the circumstance where "the switch is not attributable to the employer" refers to the following two circumstances. Under the first circumstance, there is a labor dispute between the employer and the foreign national so recruited where either or both of the parties are unwilling to continue the employment relationship and terminate the employment relationship pursuant to law after a labor dispute consultation or mediation meeting is conducted by the local labor authority. Under the second circumstance, the employer does not violate labor laws, regulations or contracts as a result of investigation by the local labor authority. Both of the above circumstances should be met to meet the circumstance where "the switch is not attributable to the employer."
Jonathan Chao
The Ministry of Labor issued the Lao-Dong-Fa-Guan-10705062081 Circular of June 13, 2018 (hereinafter, the "Circular") to interpret the compliance with the circumstance where "the switch is not attributable to the employer" under the proviso of Article 14-7, Paragraph 1, Subparagraph 4 of the Qualifications and Review Standards for Foreign Nationals Engaging in Work under Article 46, Paragraph 1, Subparagraphs 8 Through 11 of the Employment Service Act (hereinafter, the "Review Standards").
Under Articles 14-2 through Article 14-5 of the Review Standards, relevant laws and regulations, based on different circumstances, restrict the ratio of the initial number of foreign nationals recruited for work and the total number of foreign nationals as recruited when an employer applies to recruit foreign nationals. With respect to the determination of the "total number of foreign nationals as recruited," relevant determination standards are stipulated under Article 14-7, Paragraph 1 of the Review Standards, and Article 14-7, Paragraph 1, Subparagraph 4 of the Review Standards specifically provides that "the number of foreign nationals switching employers pursuant to Article 59 of the Employment Service Act two years prior to the application date" shall be included, provided that "this shall not apply if the switch is not attributable to the employer." This Circular interprets the circumstances where the "switch is not attributable to the employer" within the meaning of the proviso of Article 14-7, Paragraph 1, Subparagraph 4 of the Review Standards.
According to this Circular, the circumstance where "the switch is not attributable to the employer" refers to the following two circumstances. Under the first circumstance, there is a labor dispute between the employer and the foreign national so recruited where either or both of the parties are unwilling to continue the employment relationship and terminate the employment relationship pursuant to law after a labor dispute consultation or mediation meeting is conducted by the local labor authority. Under the second circumstance, the employer does not violate labor laws, regulations or contracts as a result of investigation by the local labor authority. Both of the above circumstances should be met to meet the circumstance where "the switch is not attributable to the employer."
