Dismissal -108-V01

Operational Manual for Reviewing Dismissal ofForeign Professionals

Published in December 2019

Contents

1. Items of Job ………………………………………………2

2. Documents for Application……………………………..…4

3. Other Regulations…………………………………………13

Manual Instructions:This operational manual was published to make information public and improve thetransparency of reviewing operation. It is compiled in accordance with relevant
Laws and Regulations, but the reviewing criteria are still subject to the recent Lawsand Regulations. In order to flexibly response various categories of application, it
will be continuously added and revised then announced for any incomplete issue.

1Category of Dismissal
1. Items of job
SerialNo.
1ItemsRelevant Regulations

Notices

The 56th Article of theDelivery time: basically, when theemployment“Employment Services Act”

employment relationship isrelationship(ESA) and the 45th Article of theterminated early, the employer(dismiss in“Regulations on the Permission

should deal with the dismissal

advance)and Administration of thewithin 3 days. But if the foreign

Employment of Foreign

worker has no renewal after expiry

Workers” stipulate if foreignof their term, then, the employer

workers are successively absent

need not apply for handling thefor 3 days and lose contact ordismissal.

Termination of1.

quit the employment
relationship, the employer should
notify in writing the local
authorities, immigration
management agency, the police
and the central authorities within
3 days to report relevant matters.
In the event that the employedforeign worker has been falsely
reported by the employer ofhaving been unjustifiably
absent from his/her work andnot in contact at least threedays, the engaged foreign
worker may file an appeal to
the local competent authority.
2Where such falsity is verified,the central competent authority
shall cancel the original
disciplinary sanction ofterminating employment
permit and the order to departfrom the Republic of China
within a specified period.

2.

According to the 73rd Article ofESA, when the foreign worker
hired by the employer has beenabsent for 3 consecutive days
and lost contact, or quit theemployment relationship, his/heremployment permit should berevoked.

3.

According to the 74th Article ofESA, when the period ofemployment permit has expiredor the employment permit has
been abolished in accordancewith the 73rd Article of ESA, theforeigner must not work in theROC.

2

Follow-up

As the 4th subparagraph of 2-1 Article

control forof Qualifications and Criteria

absenteeism and out of contact

foreigners absent

Standards for foreigners undertaking

should be done in case of bothfrom duty & lostthe jobs specified under Article 46.1.1“being absent for 3 days” andcontact

to 46.1.6 of the Employment Service“lost contact”.

Act, it stipulates that if foreigners have 2.

The dismissal day should be31.

The punishment ofbeen successively absent and lostthe 1st day of the 3 successive

contact for 3 days during the 3 years

days the employee is absent

before application, he/she should not(e.g. the employee is absent

engage in any job stated in Articles

from Oct.11-13, then, Oct. 11

46.1.1, 46.1.2, 46.1.4 to 46.1.6 of theshould be the dismissal dayESA.

based on the Order No.
1010504838 on 8 May 2012 by
Ministry of Labor).
3.

If the foreigner departs fromthe ROC during or before the 3days he is absent, then his
leaving has eliminated theemployment relationship dueto the contract being
terminated early by one of theparties through he/she being
absent. It doesn’t meet therequirements of absenteeism
and loss of contact, anddoesn’t belong to the alleged
successive absenteeism for3days and lost contact stated in
the 56th Article of ESA.

2. Documents for Application

1

SerialDocuments forNo.

Application

Review Principles
Application form

1.

The fields in the application
which must be filled in include
the application item, name of4

Notices
1. Applying earlier dismissal
needn’t pay for the review.
2. If those fields that must beunit applicant and its uniform

filled in are not completed, it

number, the person in charge,

would be sent to the employer

address of the unit, return mailfor completion.

address for the application,
contact person and his/her
telephone number.
2.

The application form should besigned by the seals of the unit
and the person in charge; also,
the name of the unit applicantshould be consistent with theseal of the unit applicant.

3.

If the application is entrusted toa private service agency, theagency’s name, courtesy name,professionals, the seal of theunit, signature and contact
phone should be filled in.

2

Photocopy of

It should be signed by the unit’s

If the original permission letter isoriginal

small and big stamps and be noted it

lost or can’t be provided, theemployment permit

is “consistent with the original”.

applicant should provide anexplanation letter.

3

Photocopy of

If the employer can’t provide theARC (AlienARC, the applicant should offer

Resident

an explanation letter.

Certificate)
4

Certified

1. The cancellation agreement or

If the foreigner can’t go to work or

document ofrelevant certified document ofimmigrate to the ROC for certain

termination

departure should state thereason, the dismissal day should

agreement signed

following matters:

be set on the first date of the5

by the employer-（1）employee（2）

Name of the unit

working period stated in theapplicant.

employment permit letter.

The employee should fillin his/her full name (itmust be consistent withthe full name in theoriginal employment
permit letter or passport,ARC).

（3）

The date of terminating
employment relationshipagreed by both parties(i.e. the next day of thelast working day).

（4）

It should be sealed withthe stamps of the unit
applicant and the person
in charge.

（5）

It should be signed withthe foreigner’s name (ifhe/she has a Chinese
name, he/she should
attach a supporting
document.

2. If the employer and the employee
agree to terminate theemployment relationship, but theforeigner has left the ROC orcan’t enter the ROC and sign theagreement due to certain reason,
6

the employer should provide adeposition stating the following
matters:（1）

The one making thedeposition should be theunit applicant.

（2）

The hired foreigner’s fullname (it should beconsistent with theemployment permit letteror passport, ARC).

（3）

Specific cause.

（4）

The date of terminating
employment relationship(the day after the lastworking day).

（5）

It should be sealed withthe signets of the unit andthe person in charge.

※The template of cancel contract
agreement or deposition (applicableto foreigners who have left orhaven’t entered the ROC but theagreement has been consented byboth parties) is available on thewebsite of the Workforce
Development Agency, MOL.
(https://ezworktaiwan.wda.gov.tw)
Please download and use the“application form// EZ Work
Taiwan”.
5

The employer’s

Besides stating the 4th matter

Relevant certified

mentioned above, the employer

document ofshould indicate that terminating the7terminating theemployment relationship means theemployment

foreigner has known it or therelationship based

employer has tried the best to contact

on the 12th Article

the foreigner withoutof the Labor

response(contact situation). The

Standards Act

employer should also provide

stipulating

relevant supporting documents as

unilateralfollows:

termination of the(1)

relationshippersonnel data andattendance record of theforeign employee.

(2)

relevant handover
documents which weresigned when the foreigner
left.

(3)

photocopy of double
registered mail or deposit
letter (including a returnreceipt).

(4)

relative communication
files (e.g. email, Line
screenshots, shortmessages, etc. The authorof the files which is not
written in Chinese should
attach a version of Chinesetranslation) should
illustrate some matters as
follows:

the employee’s full foreign8name (it should beconsistent with the original
employment permit letter orpassport, ARC).
the blank field of theemployer should be filledwith the name of the unit
applicant.
the main content ofterminating employment
relationship and theexpression of what it means.
the date of terminatingemployment relationship(i.e. the day after the lastworking day) and notify theMOL.
Stamp the seal of the unit
applicant and the signet ofthe person in charge.
(5)

If the foreigner is absent
without reason, can’t becontacted, the employer
could provide a certificate
of report from the Service
Team of Immigration
Agency about theforeigner’s lost contact.

96

Labor dispute

When the employer and employees
can’t make an agreement onterminating the employment
relationship, they should ask thelocal authority of laboradministration for reconciliation. If
the reconciliation record has statedthe date of terminating employment
relationship consented by both sides,
or lists it as a matter of no dispute
between the two parties, such record
should be provided when engaged ina dismissal issue.

7

Process flow of

1. Process flow of punishing

1. The punishment of absenteeism

punishingabsenteeism and lost contact:and out of contact should beabsenteeism &(1) Separately write mails to ask

done in case of both “being

lost contact andthe employer and theabsent for 3 days” and “lostdocuments should

employee to provide acontact”.

be attacheddescription of the absence.

2. The dismissal day should be theEmployer: write to ask the

1st day of the 3 successive days

employer to provide specificthe employee is absent (e.g. theproof about the foreign

employee is absent from Oct.11-

employee’s absenteeism.

13, then, Oct. 11 should be theForeigner: if the foreigner still

dismissal day based on thestays in the ROC, write to ask

Order No. 1010504838 on 8

him/her to explain theMay 2012 by Ministry ofabsenteeism.

Labor).

(2) Write to ask local authority of

3. If the foreigner departs from thelabor administration and

ROC during or before the 3

immigration agency todays he is absent, then his10perform an inspection.
(3) Verify the data provided byleaving has eliminated theemployment relationship due toboth parties of the employer

the contract being terminatedand the employee or relative

early by one of the parties.

organization. If the foreigner

Though he/she has been absent,

has been absent and actually

it doesn’t meet the requirements

lost contact, his/herof absenteeism and loss of

employment permit should becontact, and doesn’t belong toabolished and he/she should

the alleged successive

be restricted for 3 years sinceabsenteeism for 3 days and lostthe date the official document

contact stated in the 56th Article

is posted. If the evidenceof ESA.

certifies there is no4. When reporting the foreign

absenteeism and lost contact,

employee’s absenteeism andthen, it should further

lost contact, the employer

recognize whether they areshould provide specific causes

meeting the requirements ofand the foreigner’s address. If

dismissal. If so, the foreigner’s

the employer doesn’t want toemployment permit should be

provide the foreigner’s contact

abolish according to general

information, he/she would betermination rules.

not able to report his/her

2. When the employer reports theabsenteeism and lost contact of aforeign employee, he/she should
provide a deposition illustrating
the specific causes (for the items
that should be specified, pleaserefer to the 4.2 and 5th items), andrelevant supporting documents asfollows:
11

absenteeism and lost contact.

(1) personnel data and attendance
record of the foreigner.
(2) double registered mail orphotocopy of certificate letter(including receipt).
(3) relevant communication Files(e.g. email, LINE screenshots,short messages, etc. The
author whose document is not
written in Chinese should
attach a Chinese translation.)
which states matters as
follows:
the employee should fill in fullname (it should be consistent
with original employment
permit letter or passport, ARC).
the employer should fill in thename of the unit applicant.
describe the specific reasonsfor termination of theemployment relationship andexpress it.
the date of terminating
employment relationship (theday after the last working day)and notify the MOL.
(4) Report certificate: i.e. reportto the service team ofimmigration agency about the12foreigner’s lost contact.

3. Other Regulations
SerialItems

No.
1

Relevant Regulations andDescriptions

Statement ofFor those want to get the application

getting thein person, he/she should deliver theapplication incase to the counter of the MOL andperson

fill in a personal declaration for

Noticesgetting the application personally. It
can’t be managed by registered mail.
2Principles of

The application document should be

All the documents attached by theusing seals

sealed with the signets of theemployer basically should beapplication unit and the person insealed with the signets of thecharge. If the document is aapplicant unit and the person inphotocopy, it should add the words

charge of it. Applications filed by“This copy is consistent with thea government agency or school

original version”.

should be sealed with the signet ofthe unit or the department &graduate school, while theapplication and the dismissal
agreement consented to by bothparties should be signed withcustoms seal.

3

Document

If the document sent by the employer

translation

is not written in Chinese, a Chinesetranslation version should beattached. (based on the order No.
10705009021 on 9 Feb. 2018 by
Ministry of Labor.)
13

4PreparedThose who do not finish thedocuments are notapplication would be deemed to havecomplete, and do

not completed the application for

not finish before

early dismissal of foreigners. If it isthe deadline after

still necessary to apply for thereceiving noticeforeign employee’s early dismissal,
please submit the case separately.

5Foreigner died

The employer should check the deathcertificate separately to handle thedismissal.

14