The verification procedures when an employer terminates the employment with a type B foreigner are as follows:
I. In order to protect the right of work of the type B foreigner from being forced by the employer to terminate the employment and be repatriated, these procedures are exacted pursuant to Article 45 of the Regulations on the Permission and Administration of the Employment of Foreign Workers.
II. The employer shall be exempt from the verification procedures if the termination of employment is pertaining to any of the following situations:
(I) Expecting to leave the country within 14 days prior to the expiration of the employment permit.
(II) The employment permit has been abolished, or denied, along with an expatriation order due to the violation of relevant provisions of the Act.
(III) An expatriation notice has been issued by the judicial authority or police authority pursuant to the laws, such as the Immigration Act.
III. The verification procedures are:
(I) When the employer and the type B foreigner agree to terminate the employment, a notice, which shall be made in Chinese and the type B foreigner's native language, and specifies both parties' names, genders, age, nationality, date of entry, work period, recruitment permit, or employment permit ID, and the reason of termination, shall be given to the local competent authority and become effective upon the signature or stamp of the employer and the type B foreigner.
(II) The notice and the copies of the foreigner resident certificate shall be delivered to the municipality, county (city) government of the type B foreigner's place of work (hereinafter referred to as the Local Competent Authority) for verification procedures 14 days prior to the agreed termination of employment between the employer and the type B foreigner.
(III) The Local Competent Authority shall complete the following steps upon receiving the foregoing notice:
1. Verify both parties’ information according to the notice and conduct a phone interview or in-person consultation to confirm his/her real intention. At the end of the consultation, provide the complaint line to the type B foreigner.
2. If the type B foreigner’s real intention cannot be confirmed at the phone interview or in-person consultation, it may ask both parties (the representative of the employer must have the power of attorney) to be present at a designated location for verification. The Local Competent Authority shall determine the fact that the employment between the employer (or its representative) and the type B foreigner is terminated upon mutual agreement. Either party being absent from the meeting without a due cause will be deemed to waive the right of stating the opinion, and the authority may carry on the process by its power.
3. If the Local Competent Authority has determined that no disagreement exist between the parties according to the methods in the two foregoing points, it shall issue the “Certificate of Verification by Municipal City Government or the County / City Government for Termination of Employment between Employer and Type B Foreigner.”
4. The Local Competent Authority shall keep one copy of the certificate for record, and submit the copy of the certificate, the copy of the employer’s notice, and the copy of the ARC to the policy agency at the location of the type B foreigner.
IV. During the verification process, if either party challenges the notice, the Local Competent Authority shall initiate the labor-business dispute procedures as soon as possible in the following manner:
(I) If the employer agrees to continue the employment after discussion, return the notice and relevant documents.
(II) If the employment is then terminated upon mutual agreement, the Local Competent Authority shall issue the certificate.
V. If no agreement can be reached between the parties, the Local Competent Authority shall handle the issue in the following manner:
(I) If the type B foreigner seeks asylum or placement, initiate and administer the temporary asylum processes according to the Rules of Temporary Asylum for Foreign Workers, and return the notice and relevant documents.
(II) If the type B foreign is not seeking asylum or placement, and is attributable, issue the certificate directly.
(III) If the period of stay granted to the type B foreign expires during the process, and there is no reason for prohibiting travel abroad according to the Immigration Act, or the need for placement as determined by the Council, issue the certificate directly.
VI. The Local Competent Authority shall serve the certificate to the employer according to the Administrative Procedure Act.
VII. The notice shall be deemed made pursuant to Article 56 of the Act if the employer has completed the verification, and the Local Competent Authority has issued the certificate.
VIII. The employee shall immediately arrange for the type B foreigner to leave the country upon the receipt of the certificate and submit the list of the foreigner and certificate of leaving the country to the central competent authority within 30 days after the type B foreigner leave the country. The employee may also submit the certificate and other required documents for the application of replacement of the type B foreigner.
The nationality notification form may be downloaded from the Labor Affairs Department, Hsinchu County, Government. Please complete all relevant documents and fax the notification form to 03-5554694; and call the case officer to schedule for the verification. For any questions, please call the case officers (03-5518101*3053 *3056 *3057 *3061) in advance. Thank you.