2016.10.21
Melanie Lo
The President promulgated Article 52 as amended of the Employment Service Law via the Hua-Zhong-One-Yi-10500136341 of November 3, 2016 to abolish the requirement that foreign workers whose term of work in Taiwan expires shall leave the country for one day. The amendment came into effect on November 5, 2016.
Under the proviso of Article 52, Paragraph 4 of the Employment Service Law (hereinafter, the “Law”), foreign workers who have finished a three-year term of employment are required to leave this country for one day before they may re-enter to resume their work. This provision was made to prevent foreign workers from becoming de facto immigrants. However, since their qualifications for permanent residency application under Chapter III (which provide for the stay, residency and domicile of nationals without household registration in Taiwan) and Chapter V (which deals with the stay, residency and permanent residency of foreign nationals in Taiwan) of the Immigration Law have been excluded, this provision should be deleted.
Therefore, Article 52 of the Law as amended abolishes the requirement that foreign workers whose term of employment has expired shall leave Taiwan for at least one day before they may re-enter Taiwan to work again. In the future, employers may directly renew the employment contract with foreign workers who have worked in Taiwan for three years to reduce transition and training costs, while the foreign workers can enjoy reduced economic burdens since they do not have to pay intermediary fees again.
In addition, Paragraph 5 of Article 52 of this Law was also amended to allow foreign nationals to take leave of absence and return to their home countries during their employment, which the employers shall approve. The rules governing the manners, days, procedure and other relevant matters of leave will be prescribed by the central competent authority.