Restrictions on Employer Change Within the Contract Period
- Change of employer is permitted solely under special circumstances during the first year of employment.
- According to Article 50 of Taiwan's Employment Services Act, an expatriate employee who seeks to change employer must have the original and prospective employers jointly apply for permission to effect the change.
Prohibition on Working for New Employers After One-Year Contract Completion
- "Reconstruct" refers to an employee returning to work for the same employer after the expiration of the initial one-year contract.
- Expatriate workers who have completed only one year of contract cannot work for different employers beyond this term.
Unlawful Practices and Measures for Compliance
- Some expatriate workers attempt to bypass Taiwan's two-year stay limitation by unlawfully changing identities to gain re-entry, often facilitated by certain brokers and recruitment agencies.
- To prevent such unlawful practices, agencies involved in Taiwan Special Hiring Programs must adhere strictly to the outlined contract duration regulations.
Enforcement and Sanctions
- Agencies found violating these regulations, including circumventing the rules on employer change and contract duration, will be subject to sanctions.
- Such sanctions will be administered in accordance with existing Philippine Overseas Employment Administration (POEA) rules and regulations governing overseas employment.
Objective of the Regulation
- The policy aims to align Philippine recruitment practices with Taiwan government regulations limiting expatriate worker stays to a maximum of two years.
- Ensures protection of the rights of expatriate workers and the integrity of employment agreements under the Special Hiring Programs for Taiwan.