Part-time jobs refer to those where the number of working hours are less than those for regular or full-time jobs. In many places around the world, many people take on part-time jobs to earn additional income, especially if they have spare time available.
Before you apply for a part-time job in Taiwan, however, you need to consider whether or not you are violating any laws, or if you are breaking any rules in your current job contract. Otherwise, you might find yourself facing some legal consequences!
Is it Legal to Work Part-Time as a Foreign Worker?
Are foreign workers allowed to take on part-time jobs in Taiwan? Let’s take a look at some situations first, before discussing the laws and conditions regarding part-time employment in the country.
Sample Situations
Michael works in a food factory; he often eats at a nearby eatery and noticed that it was hiring a part-time cleaner and dishwasher. Hoping to make extra money, he applies for the job. The owner of the eatery decides to hire Michael, thinking that it wouldn’t be a problem since he’s a legal worker at the factory.
Meanwhile, Jessica works as a caregiver for a nursing home. During her days off, she decides to work as a sales assistant in a convenience store near her workplace. Since it’s her day off, she believes that working at the store wouldn’t be a problem.
Analysis of Situations
In these situations, a law has been violated. According to the Employment Service Act (ESA), it is illegal to hire a foreign national “without permission, whose permit has expired, or who another person has applied to hire.”
Unknowingly, the owners of the eatery and convenience violated the law by hiring Michael and Jessica, who already have employment contracts with the factory and nursing home, respectively. Hence, the “second” employers will have to pay a fine, with amounts ranging from TWD 150,000 up to TWD 750,000! If they commit the same offense within five years, the penalty will be more severe: jail time not exceeding three years; payment of a fine amounting to TWD 1,200,000; or both imprisonment and a fine!
As for Michael and Jessica, they also broke the law by working for employers who did not apply to hire them. Therefore, their employment permits shall be revoked, and they will be ordered to leave Taiwan within a specific time period.
Working Part-Time
At this point, let us make one thing clear: foreign nationals can work in Taiwan as long as they are under legal contracts. Since their Alien Resident Certificate (ARC) is usually connected to one employer only, it would be against the law for them to work for another employer without a legal contract.
That being said, part-time work may be possible only under these conditions: (a) if the part-time job does not conflict with the terms of the worker’s contract with the first employer; (b) if the second employer applies for a work permit for the foreign worker; and (c) if the Ministry of Labor (MOL) approves this application. The process involves strict documentation and payment of fees.
Exception: Students
For international students, working part-time or doing a paid internship while studying is allowed, as long as they meet the necessary requirements and qualifications.
Just like in any other country, Taiwan strictly adheres to labor laws, including laws on working part-time for other employers. If you want to work part-time but you’re not sure if your employment contract allows it, do not hesitate to consult with your employer or your company’s Human Resources (HR) Department. You can also contact the 1955 Hotline for any labor-related concerns.