This guide follows Taiwan law. Consultations are in Mandarin; bring an interpreter or ask us about interpretation.
If an employed foreign worker is absent from work for three consecutive days without contact, the employment permit is revoked. Before revocation, the immigration authority may order the worker to leave Taiwan immediately; once the permit is revoked, the worker must be ordered to leave (Employment Service Act (就業服務法), Art. 73, item 3, and Art. 74(1), (2)). If the employer's report is false, the worker can file a complaint with the local labor authority (Art. 56(2)). A possible victim of human trafficking may not be forcibly deported before the decision on whether they are a victim is made (Human Trafficking Prevention Act (人口販運防制法), Art. 11(8)).
What happens legally if I leave my employer and am absent for three consecutive days without contact?
The Employment Service Act sets out three effects. The employer must notify the local labor authority, the immigration authority and the police in writing within 3 days (Art. 56(1)). The employment permit (聘僱許可) must be revoked (Art. 73, item 3). Even before revocation, the immigration authority may order the worker to leave Taiwan immediately, and once the permit is revoked, the worker must be ordered to leave and may not work in Taiwan again, unless the Act provides otherwise (Art. 74(2), (1)).
When your employment ends and your reason for residence no longer exists, if you are in a labor dispute with a Taiwanese employer that is going through legal proceedings, or you had a workplace injury and are still being treated, the National Immigration Agency (移民署, NIA) may allow you to continue residing (Immigration Act (入出國及移民法), Art. 31(4)(5), (6)).
What happens if I work somewhere else without a permit?
A foreigner may not work in Taiwan without a permit applied for by an employer, unless the Act provides otherwise (Employment Service Act, Art. 43). A violation is subject to an administrative fine of NT$30,000 to NT$150,000 (Art. 68(1)); the foreigner must be ordered to leave and may not work in Taiwan again, and if they do not leave by the deadline, the immigration authority may remove them and hold them in immigration detention (收容) until then (Art. 68(3), (4)). Working for an employer other than the one the permit was issued for also leads to revocation of the employment permit (Art. 73, item 1).
Article 43 is worded for foreigners in general, not only migrant workers. If you are in Taiwan on another status, for example as a student or a professional, and are unsure whether a job is covered by your permit, check before you start. Having worked illegally is a ground on which the NIA may bar you from entering Taiwan, for at least 1 year and no more than 7 years (Immigration Act, Art. 18(1)(12), (3)).
My employer reported me as out of contact, but it isn't true. What can I do?
You can file a complaint with the local labor authority (當地主管機關). If the report is found to be false, the central competent authority must cancel the original decisions revoking your permit and ordering you to leave (Employment Service Act, Art. 56(2)). The 1955 hotline also accepts complaints (see below).
受聘僱外國人有遭受雇主不實之連續曠職三日失去聯繫通知情事者，得向當地主管機關申訴。經查證確有不實者，中央主管機關應撤銷原廢止聘僱許可及限令出國之行政處分。（就業服務法第56條第2項）
Unofficial English summary (not an official translation): a foreign worker falsely reported by the employer as absent for three consecutive days without contact may complain to the local authority, and if the report is found false, the central authority must cancel the revocation of the employment permit and the order to leave.
Is it legal for my employer or agency to keep my passport or ARC?
The Employment Service Act expressly forbids it. An employer may not unlawfully withhold or take the passport, residence documents (such as your ARC) or property of a foreign worker it employs (Employment Service Act, Art. 57, item 8). A private employment agency (仲介) and its staff may not keep permit documents, identity documents or other related documents against the will of the employer or the worker (Art. 40(1)(10)). Either violation is subject to an administrative fine of NT$60,000 to NT$300,000 (Art. 67(1)).
The Human Trafficking Prevention Act also lists "withholding important documents" as one of the unlawful means of trafficking (Art. 2, item 1), and Article 31(2) sets a criminal penalty for using the withholding of important identity documents to make someone do work for pay clearly out of proportion to the work.
I'm being forced to work or my freedom is restricted. Could this be human trafficking?
It can be, if the legal requirements are met. Human trafficking (人口販運) means acting with intent to exploit, or knowingly, and using unlawful means such as violence, threats, surveillance, unfair debt bondage or withholding important documents to make a person do forced labor or work for pay clearly out of proportion to the work, among other things (Human Trafficking Prevention Act, Art. 2, item 1).
Anyone who knows of a suspected case may report it to the local judicial police, and the reporter's identity must be kept confidential unless the law provides otherwise (Art. 9(2), (3)). A person identified as a victim is granted, on application, a residence permit valid for 1 year and may apply for a work permit (Art. 14(1), (3)). A victim who committed other criminal or administrative offenses because of being trafficked may have that liability reduced or waived (Art. 27).
疑似人口販運被害人於鑑別或鑑別異議結果決定前，不得強制驅逐出國（境）。（人口販運防制法第11條第8項）
Unofficial English summary (not an official translation): a possible victim of human trafficking may not be forcibly deported before the decision on the victim screening, or on an objection to it, is made.
If I have overstayed, does it matter whether I come forward before being found?
Yes. If a foreigner who has overstayed a visit or residence comes forward and says they want to leave before being found, and the NIA finds no legal restriction or ban on their leaving, the NIA may allow them to leave on their own within 10 days (Regulations on forced deportation of foreigners (外國人強制驅逐出國處理辦法), Art. 2(2)). A person who is found after their whereabouts became unknown falls into a case in which the NIA may carry out forced deportation (Art. 2(1)(3)).
Overstaying is subject to an administrative fine of NT$10,000 to NT$50,000; where there are special reasons approved by the competent authority, the fine may be reduced or waived (Immigration Act, Art. 74-1(2), (4)).
What can the 1955 hotline do?
The 1955 hotline (Ministry of Labor, 24h, multilingual) for labor consultation and complaints is free and runs all year, with an online live text service. Its services include consultation, complaints, legal aid information, referral for shelter and protection, and live online interpretation (Workforce Development Agency (勞動力發展署)). Besides Chinese, it is answered in Thai, Indonesian, Vietnamese and English, and complaints are referred to the local government labor authority or the judicial police to be handled according to law (the agency's foreign worker rights website (外國人勞動權益網)).
The National Police Agency (警政署) says that late at night, or when no suitable interpreter is on the police list, officers will set up a three-way call through 1955 or 1990, and that labor brokerage staff may not interpret in cases related to their own brokerage business.
Can I get legal aid?
Foreign workers brought in under Article 46(1)(8) to (10) of the Employment Service Act are presumed to lack means once they sign a declaration, without a means test (Legal Aid Act (法律扶助法), Art. 13(3)(1)). The Legal Aid Foundation (法律扶助基金會) explains that this covers work such as marine fishing, domestic help, caregiving in institutions, homes or outreach services, manufacturing and construction. A person who is not a national of the Republic of China must also fall under one of the situations in Article 14(1), such as living lawfully in Taiwan, having lost residence rights for reasons not attributable to them, or being a victim or suspected victim in a human trafficking case.
The Legal Aid Foundation's national hotline is 412-8518 (from a landline, dial directly; from a mobile, add 02), and its legal consultation is open to everyone in Taiwan regardless of status. For eligibility and fees, see our guide to legal fees and legal aid in criminal cases. This article is general information, not legal advice on your case.