A foreign national and single father to a Taiwanese son is facing deportation for allegedly working illegally for the government-linked Taiwan Foundation for Democracy (TFD) in a case that raises questions over how the government handled the case.
The problems for Ben Hlavaty, a US citizen, began when he and his Taiwanese spouse divorced in May 2008. Until then, Hlavaty had an Alien Resident Certificate (ARC) through his marriage and did not need a work permit to work at the TFD, his employer since December 2007.
Aware that following his divorce his ARC would only be valid until Oct. 25 that year, Hlavaty informed his employer that if they wished him to continue working for them, TFD would have to help him apply for a work permit. The foundation subsequently contacted the Ministry of Foreign Affairs (MOFA), which founded the TFD in 2002, and asked it to assist Hlavaty.
Photo: George Tsorng, Taipei Times
On Oct. 20 the same year, MOFA sent a notice to the National Immigration Agency (NIA) informing it that the foundation was extending Hlavaty’s employment for one year, until Oct. 24, 2009, and that a work permit should be issued. Six days later, Hlavaty left Taiwan for Hong Kong to reapply for an ARC and a new certificate was issued.
In October the following year, MOFA once again submitted the paperwork to the NIA so that Hlavaty could work for another year, or until Oct. 24, 2010, which again was approved.
However, on Oct. 21, 2010, the TFD informed Hlavaty it wished to terminate his employment and sent a notice to MOFA requesting the extension of his ARC until Dec. 31.
Hlavaty says that Huang Teh-fu (黃德福), appointed new president of the foundation by the administration of President Ma Ying-jeou (馬英九), fired him without cause and denied him his three-month severance pay. Hlavaty filed a petition with the Taipei City Department of Labor for wrongful dismissal.
Hlavaty and the TFD reached a settlement following mediation. Hlavaty left Taiwan on Dec. 19, 2010, and re-entered on a multiple-entry visa in January last year.
However, in May, the city’s Department of Labor sent him a notice stating he was suspected of violating Article 43 of the Employment Services Act (就業服務法) during his employment at the TFD.
“[They] demanded an explanation as to why I had been illegally working during my three-year employment with the Foundation,” Hlavaty said in a press release yesterday.
Then, in July last year, he was fined NT$30,000 for not having a permit through the proper channels.”
“On the advice of civil servants, I submitted an appeal, believing that the mistake would clear up,” he wrote.
“Then the CLA [Council of Labor Affairs] slapped me with a three-year work ban and ordered me to leave Taiwan within fourteen days,” he wrote.
After a petition with the council’s appeals committee failed, Hlavaty turned to the Executive Yuan, which turned him down on the grounds that his appeal to the council was written incorrectly. It ordered the deportation procedures to continue.
After weeks in limbo, Hlavaty’s appeal with the Taipei High Administrative Court was turned down on Thursday last week.
An official with the court told the Taipei Times yesterday that Hlavaty would soon receive the ruling document, adding that he could appeal to the Supreme Administrative Court.
Hlavaty maintains he did nothing wrong.
“[My defense] produced copies of my labor insurance from my foundation days, which must have meant that the Bureau of Labor Insurance, who [sic] is subordinate to the CLA, had found me legal during those three years,” he wrote.
“If I am going to be separated from my boy for my work in promoting Taiwan’s democracy and human rights at the request of MOFA, then I will go down fighting as an example to Isaac,” he wrote.
Hlavaty has dual custody of his son with his former wife.
Additional reporting by Rich Chang, with translation by Jake Chung, Staff Writer
Eight restaurants in Taiwan yesterday secured a one-star rating from the Michelin Guide Taiwan for the first time, while three one-star restaurants from last year’s edition were promoted to two stars. Forty-three restaurants were awarded one star this year, including 34 in Taipei, five in Taichung and four in Kaohsiung. Hosu (好嶼), Chuan Ya (川雅), Sushi Kajin (鮨嘉仁), aMaze (心宴), La Vie by Thomas Buhner, Yuan Yi (元一) and Frassi in Taipei and Front House (方蒔) in Kaohsiung received a one-star rating for the first time. Hosu is known for innovative Taiwanese dishes, while Chuan Ya serves Sichuan cuisine and aMaze specializes
Taitung County is to launch charter flights to Malaysia at the end of this year, after setting up flights to Vietnam and Thailand, the Taitung County Government said yesterday. The new charter flight services, provided by low-cost carrier Batik Air Malaysia, would be part of five-day tour packages for visits to Taitung County or Malaysia. The Batik Air charter flight, with about 200 seats, would take Malaysian tourists to Taitung on Dec. 30 and then at 12:35pm return to Kuala Lumpur with Taiwanese tourists. Another charter flight would bring the Taiwanese home on Jan. 3 next year, arriving at 5:30pm, before taking the
Taiwan High Speed Rail Corp. (THSRC) plans to ease strained capacity during peak hours by introducing new fare rules restricting passengers traveling without reserved seats in 2026, company Chairman Shih Che (史哲) said Wednesday. THSRC needs to tackle its capacity issue because there have been several occasions where passengers holding tickets with reserved seats did not make it onto their train in stations packed with individuals traveling without a reserved seat, Shih told reporters in a joint interview in Taipei. Non-reserved seats allow travelers maximum flexibility, but it has led to issues relating to quality of service and safety concerns, especially during
An exhibition celebrating Taiwan and Japan’s comic culture opened on Saturday in Taichung, featuring a section that explores Taiwanese reproductions of Japanese comics from when martial law limited Japanese representation. “A Century of Manga Culture: An Encounter of Taiwan and Japan’s Youth” held its Taiwan opening ceremony at Taichung’s National Taiwan Museum of Comics after an initial one-month run in Japan’s Kyoto International Manga Museum between May 24 and June 24. Much like the Kyoto exhibition, the show mainly celebrates the comic connection between Taiwan and Japan through late Taiwanese comic book