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1. When foreign workers arrives in the country and is place in a government quarantine facility or home quarantine and is unable to work for reasons that cannot be attributed to either employer or employee, employers are not legally obliged to pay them. As such the two sides should come to an understanding as to whether salary will be paid. However, if a leave day mandated in the labor contract falls during the period of quarantine, because the foreign worker has no obligation to work on that day would still be paid, so the employer must pay for those days off. 2. According to Paragraph 1, Article 3 of the “Pandemic Prevention Compensation Measures for COVID-19 Quarantine / Isolation” foreign workers in quarantine can apply to the Ministry of Health and Welfare for pandemic prevention compensation for the days they did not receive a salary. They cannot claim compensation for those days they on which they were paid.

  • Release date :2021/08/11
  • Update date :2021/08/12

The employer-foreign worker relationship is effective from the day the worker arrives in Taiwan so in principle the employer is obligated to pay a salary. However, if the worker does not immediately report for work after arriving in the country, then if it is an industry category worker the matter should be dealt with according to the relevant provisions of the Labor Standards Act. Live-in foreign workers are dealt with based on the provisions of their labor contract and if there are no related stipulations the two sides should come to an agreement.

  • Release date :2021/08/11
  • Update date :2021/08/12

On July 2 live-in foreign workers who registered a transfer with a public employment service agency on or before June 6, had their transfer extended until Aug. 30. Other categories of foreign workers had their right to transfer employers and work restored on July 13. If foreign workers registered their transfer information on or before June 5 on the “Foreign Worker Employer Transfer Section” of the MOL’s “Information Site of Foreign Worker Rights Defense,” the transfer period remains valid and no new employer has hired the foreign worker, the employer transfer system will automatically add 60 days to the transfer period; Workers can visit the “Foreign Worker Employer Transfer Section” to check on the progress. The site is operated as follows: 1. Open you browser and type https://fw.wda.gov.tw in the address bar to access the “Information Site of Foreign Worker Rights Defense.” Click the “Foreign Worker Employer Transfer Section.” 2. After opening the “Foreign Worker Employer Transfer Section” page click “Search Transferring Foreign Worker Information.” 3. After accessing “Search Transferring Foreign Worker Information” input the personnel data of the foreign worker you want to get information on the ongoing transfer.

  • Release date :2021/08/11
  • Update date :2021/08/12

Yes. In this instance, although the former and latter employer are the same person, in employment continuation regulations if an employer terminates employment and then goes on to re-employ the same foreign worker legally speaking that employer is the “new employer.” Moreover, while the foreign worker is waiting for the transfer he or she might live elsewhere and so to ensure safety during the pandemic prevention period it is still necessary to arrange a COVID-19 PCR test according to the administrative interpretation issued by the ministry on July 13.

  • Release date :2021/08/11
  • Update date :2021/08/12

The impact on the validity of documents obtained by employers when applying to hire foreign workers by the June 6 temporary suspension of employer transfers is dealt with as follows: 1. An additional 30 days will be added to the validity of employee solicitation ads for various categories of foreign workers, documents required in Subparagraph 5, Paragraph 1, Article 16 of the Regulations on Permission and Administration of Employment of Foreign Workers, manufacturing industry grade certification letters, Agriculture, Forestry, Fishery and Animal Husbandry eligibility confirmation letters etc. 2. An additional 30 days will be added to the validity period of the evaluation date provided by medical facilities and teams that employ live-in caregivers and the recommendation date from long-term care centers when the care recipient is severely impaired. The documents an employer needs to apply for before hiring a foreign worker are required to ensure the employer is eligible to employ foreign workers and as such have nothing to do with foreign workers.

  • Release date :2021/08/11
  • Update date :2021/08/12

The employer should fill in the NAF-022-4 data amendment application form. Select “other reasons,” file the application with the ministry and after a review it will issue a re-transfer letter. The employer has 14 days on receiving the letter to register the transfer with a public employment service agency

  • Release date :2021/08/12
  • Update date :2021/08/12

If a live-in worker never received transfer approval from the ministry, then after July 1, the employer or foreign worker has 60 days to reapply to the ministry. If the employer fails to reapply within the aforementioned time period he or she will be given a one-time only additional 15 days to file a supplementary application. The employer has 14 days on receiving the re-transfer letter from the ministry to register the transfer with a public employment service agency.

  • Release date :2021/08/12
  • Update date :2021/08/12

From July 1, live-in foreign workers and employers have 14 days to ask a public employment service agency to process the transfer registration.

  • Release date :2021/08/12
  • Update date :2021/08/12

After July 1, the employer transfer system will automatically add 60 days to the transfer period; If a live-in foreign worker wants to stop a transfer announcement he or she must apply to the public employment service agency that registered the notice for its removal.

  • Release date :2021/08/12
  • Update date :2021/08/12

Yes. In this instance, although the former and latter employer are the same person, in employment continuation regulations if an employer terminates employment and then goes on to re-employ the same foreign worker legally speaking that employer is the “new employer.” Moreover, while the foreign worker is waiting for the transfer he or she might live elsewhere and so to ensure safety during the pandemic prevention period it is still necessary to arrange for a COVID-19 PCR test according to the administrative interpretation issued by the ministry on July 1.

  • Release date :2021/08/12
  • Update date :2021/08/12

If an employer commissions a labor brokerage to look after the daily needs of foreign workers and it fails to arrange a PCR test for a worker on behalf of the employer on the first day of employment continuation (contract completion transfer), the failure of the brokerage to meet its responsibilities means the employer is in violation of regulations. As such, the brokerage is in violation of Subparagraph 15, Paragraph 1, Article 40 of the Employment Service Act and will be fined between NT$60,000 and NT$300,000.

  • Release date :2021/08/12
  • Update date :2021/08/12

1. If a new employer fails to arrange a PCR test on the first day of employment, then the failure to live up to his or her responsibility of care constitutes a violation of Paragraph 9, Article 57 of the Employment Service Act, resulting in a fine of NT$60,000-NT$300,000 and the non issuance of an employment continuation permit. 2. If a new employer fails to live up to his or her duty of care by arranging for a contract completion transfer foreign worker to take a PCR test on the first day of employment, that is a violation of Paragraph 9, Article 57 of the Employment Service Act, resulting in a fine of NT$60,000-NT$300,000 and the revoking of the employment permit.

  • Release date :2021/08/12
  • Update date :2021/08/12

From July 1, 2021, the right of live-in foreign workers to transfer employers and work was restored. If their transfer information was registered on or before June 5 on the “Foreign Worker Employer Transfer Section” of the MOL’s “Information Site of Foreign Worker Rights Defense,” the transfer period remains valid and no new employer has hired the foreign worker, the employer transfer system will automatically add 60 days to the transfer period; Foreign workers can visit the “Foreign Worker Employer Transfer Section” to check on the progress. The site is operated as follows: 1. Open you browser and type https://fw.wda.gov.tw in the address bar to access the “Information Site of Foreign Worker Rights Defense.” Click the “Foreign Worker Employer Transfer Section.” 2. After opening the “Foreign Worker Employer Transfer Section” page click “Search Transferring Foreign Worker Information.” 3. After accessing “Search Transferring Foreign Worker Information” input the personnel data of the foreign worker you want to check to see the progress of the ongoing transfer.

  • Release date :2021/08/12
  • Update date :2021/08/12

"The validity of documents obtained by home based employers when applying to hire foreign workers is impacted by the June 6 temporary suspension of employer transfers as follows: 1. An additional 30 days will be added to the validity period of evaluation dates provided by medical facilities and teams that employ live-in caregivers and recommendation dates from long-term care centers for severely impaired care recipients. 2. An additional 30 days will be added to the original validity of employee solicitation ads seeking live-in foreign home help."

  • Release date :2021/08/11
  • Update date :2021/08/12