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Ex-employee at TFD
faces deportation
SINGLE DAD: A US citizen’s life in Taiwan turned
into a legal nightmare after government agencies said he had worked illegally
for the Taiwan Foundation for Democracy for years
By J. Michael Cole / Staff reporter
Former Taiwan Foundation for
Democracy employee Ben Hlavaty and his child attend a press conference yesterday
at the legislature calling on the government to amend the law to allow foreign
nationals with children who are Taiwanese citizens to live in Taiwan. The sign
held by the child reads, “Let my daddy stay.”
Photo: George Tsorng, Taipei Times
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.
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.
Additional reporting by Rich Chang, with translation by Jake Chung, Staff Writer
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