Taiwan’s Ministry of Labor is proposing major amendments to the Employment Services Act to strengthen migrant workers’ safety and rights – and stop inappropriate practices by employers and employment agents.
The ministry is gauging public opinions till the end of October, and hopes that amendments can be processed by the Legislative Yuan early next year, the Taiwan Times reported.
Among the changes being drafted, employers or employment agents would be strictly forbidden from withholding any identity documents of foreign workers, including residential permits or national passports. Temporary possession of such items would only be permitted if there were strong reasons, such as arranging health check-ups or lodging application documents for migrant workers.
First-time offenders would face a fine of between NT$60,000 and NT$300,000, while repeated offenders – convicted four times or more of the same charge – would have to shut down their business operation for up to a year. Employers might also be banned from hiring foreign workers in the future.
Employers or employment agents convicted of serious offenses against workers, such as sexual assault, sexual harassment, human trafficking, offenses that infringe on a person’s freedom, grievous bodily harm or murder, individuals could be fined between NT$300,000 and NT$1.5 million, and their business license could be withdrawn.
Employers convicted of these criminal offenses would not be allowed to hire foreign workers for up to five years – their hiring permit would be immediately scrapped. Serious repeat offenders would permanently prohibited from hiring workers in the future.
Employment agencies would also be responsible for reporting suspected abusive employers – within 24 hours – to police, immigration officials or any concerned government authorities. Agencies that failed in do so would be fined NT$60,000 to NT$300,000 and would have to shut their businesses for up to a year.
The ministry also wants a major increase in the fines for those convicted of operating illegal employment agencies – from NT$100,000 to NT$500,000. A further fine of NT$300,000 to NT$1.5 million could be imposed, depending on the number of illegal workers. Repeat offenders would face up to five years in prison, or a fine up to NT$2.4 million.
Lastly, employers who hire runaway workers would be fined from NT$150,000 to NT$750,000, depending on the number of illegal workers involved.
To avoid runaway…..change the rules …..let the migrant worker to work open here in taiwan…..as long as her or his employer want……
Yes, you’re right!!!
Harder penalties? Taiwan’s gov’t treats weed smokers harsher than it does rapists and human traffickers. What a disgrace.
"Employment agents would be strictly forbidden from withholding any identity documents of foreign workers, including residential permits or national passports."?
If that so, why still our Passport and and our savings is still with the agents control?…And their reason is they always said that it’s our company’s policy, though maybe our company didn’t know any….
And also my concern why still we are obliged to pay that BROKER’S fee / AGENT’S fee NT$1,800 NT$1,700 & NT$1,500 monthly?
it is useless.
Yes, I agree with you sir MaRz! Monthly broker’s fee of NT$1,800, NT$1,700 & NT$1,500 should be waived! It is a big amount for us… We can use it or spend it for our personal needs.. Hope the Taiwan gov’t acts on this.. . Thank you!
France Dominguez Gutierrez hoping for that to happen…
"Employers or employment agents convicted of serious offenses against workers, such as sexual assault, sexual harassment, human trafficking, offenses that infringe on a person’s freedom, grievous bodily harm or murder, individuals could be fined between NT$300,000 and NT$1.5 million, and their business license could be withdrawn." COULD BE FINED, COULD BE WITHDRAWN! How about changing the wording to WILL BE! " Employers convicted of these criminal offenses would not be allowed to hire foreign workers for up to five years – their hiring permit would be immediately scrapped. Serious repeat offenders would permanently prohibited from hiring workers in the future." EMPLOYERS CONVICTED…WELL THAT LEAVES WIGGLE ROOM, DOESN’T IT? AND SERIOUS REPEAT OFFENDERS…??? SO HOW MANY CHANCES DOES AN EMPLOYER GET TO COMMIT "serious offenses against workers, such as sexual assault, sexual harassment, human trafficking, offenses that infringe on a person’s freedom, grievous bodily harm or murder"? JUST WHAT DIFFERENTIATES SERIOUS REPEAT OFFENDERS FRON NON-SERIOUS ONES? Hopefully, the problem here is with the author of this article and not with the language of the proposed changes to the Employment Services Act!
Abolish the brokers fee
Yes i agree to you christian Batangan Delfin
Why not charge this monthly broker’s fee to the employer? Even the medical fees of 2kNT$.. I think it would be better if the employer should pay for all of these.. .Then, if a worker go on a day off they even deduct it from the salary. So we’re spending a lot of money for nothing… 🙁
France Dominguez Gutierrez True… Even that going back to our country for a vacation, agent’s will not allow us to get a plane ticket by our own.
They booked for for them to have profit. Also that service fee going to airport and back to the dormitory, for NT$2,800 is too much..
I agree its too muchh ..its like we are paying double fees.
thank you taiwan government for protecting us. This is the reason why i love Taiwan. The government care for it’s people including us migrant workers legal and not legal. I think the reason why they want to empose higher penalties is that they wanted us to be treated well even those runaway.
why do they need to run? when they can apply and look for new employer. if ever that he/she rendered the maximum years of stay here i think he/she deserve to go home and start a business. as we work here we get tired and old so 12 or 15 years of working here can give you enough capital to start. why running away?
To avoid run aways migrants wOrKers.. Let them stay as long. The employers. Needs them.. That is the right solotion.
#Nolimitofstay
I’m afraid this policies will affect in hiring ofw. If this will go on some employer will send their wards to nursing homes. Because some employers can’t trust other people to live inside their house alone with their love ones., and the only thing that will made them feel at ease and feel secured is having the valuable Document of the worker. are this government preparing to stop hiring OFW? Specially caregivers? This policies are in favor to Ofw but this is against employers right. How if Taiwan employer will stop hiring ofw! I think it’s not a very good idea I dought if this really work between employers and worker. I’m afraid more Filipino worker will be affected specially caregivers.
The illegal entry of ofw will only stop if this government will amend the policy of hiring foreign worker! If this government can make it open for hiring domistic helper as long as the host family can afford to give the basic salary, 3 meals and shelter then let them hire a worker with or without elederly, disabled person and below 3years old kid to take care of. Make the job contract write clearly according to the need of the host family! And let the foreign worker decide if she or he will take the job offer, to avoid misunderstanding on job when the worker arrive in host family.
abolish the brokers fee plzzz.., to help the poor employee.. The work is too hard then the broker is very easy to get money NT1,800.. Plzzz I hope you have a big and good heart to help us..
MaRž Pohino What? is that so, Mr. MaRz? I’m about to go home few months from now! Am I the one to pay these fees? Oh I didin’t know that!
France Dominguez Gutierrez
Im not sure , if your company are included…There are some employee shouldered that expenses.
Ronie Dales Yes! I, second the motion! abolish or waive this monthly broker’s fee! or it can be charged to the employers. Even the medical fees of 2kNT$ have the employer’s pay for it… !!!
they run away because they earn much than of legal workers…employers pay much more for illegal than legal workers
the employer or the company should be obliged to pay the brokers and even the medical…we work hard sometimes the company didn’t pay the overtime yet Workers had a lots of deductions from the salart.. we’res the justice here??hopefully the Taiwan labor will attention to this…..
That is why we as foreign workers should support the govt plans to abolish brokers who hardened our contract here in taiwan by collecting fees in a way of showing support to all NGO’s who pursue in this matter.
This november, but i forgot the exact date that we all foreign workers must support by showing ourselves at EXECUTIVE YUAN in taipei to convience thier govt that we all support in abolishing brokers fee…
yes…hopefully
than why my boss keep my passport.i want to sue my agent here in taiwan they didnt fallow the rule which they implement in the contract
How about employers prohibiting foreign workers to go outside or having a curfew @ 12noon? Dormitory curfew must also remove
Why some employer didnt allowed their worker to have a day off atleast once a month