Detail ：

[Frequently Asked Questions of the Employers]

I. The Agreement Chapter

(I)      How to find a job broker of good quality if the service from an intermediary is wanted?

Answer: Job broker is a profession requiring special permission, and shall be subject to the permission of the ministry before starting the business. The Ministry of Labor seeks to upgrade the service quality of job brokers thereby assesses the job brokers in accordance with applicable laws. The assessment result will be posted at the website of the Workforce Development Administration of the ministry at (https://emp.wda.gov.tw/Index.aspx?Year=111) as reference for the employers and the migrant workers.

(II)        Could the migrant workers seek jobs without going through the job brokers? 

Answer: Yes, they could. The policy of direct employment is pursued for providing a variety of channels for the employers to employ migrant workers. Currently, employers may use the service of the “Direct Employment Joint Service Center” of the Ministry of Labor (https://dhsc.wda.gov.tw/) to act as an intermediary or send related documents. Employers may also introduce migrant workers through a delegated job broker or through the Direct Employment Joint Service Center to meet their specific needs.

(III)    Are job brokers required to enter into an agreement on the employment of migrant workers? Is there any standardized agreement available from the Ministry of Labor? If so, where could we obtain the agreement?

Answer: Yes, an agreement is necessary. Pursuant to Article 40 of the Employment Service Act, private employment service institutions and their personnel are required to enter into a written agreement with the employers or the job seekers on rendering employment services and acting as job brokers. The sample version provided by the Ministry of Labor is exhibited in Annex 1. 

 

(IV)      What if the service of the job broker is unacceptable? 

Yes: You may elect to rescind the service agreement and express your intent of rescission of the service agreement by notifying the job broker by telephone or in writing. If the job broker acts in violation of applicable laws with proof, call the telephone service center of the Ministry of Labor (Telephone: 028995-6000) or 1955 advisory hotline to reflect the situation.

(V)     Is it necessary to report to the government on the rescission of service agreement with the job broker?

Answer: No, not necessarily. According to Article 549 of the Civil Code, either side of the contracting parties may terminate the appointment agreement at any time. As such, the employer or the foreigner has the discretion to terminate the service agreement with the previous job broker at any time according to their will and enter into an agreement with another job broker of their choice without reporting to the Ministry of Labor or the Department of Labor of the local government.

(VI)   What should I do if the job broker declined to return related documents to me after I have rescinded the appointment agreement with the job broker?

 Answer: The job broker just renders service as appointed by the employers. The employer is the bona fide owner of all documents related to the application or issued by the Ministry of Labor or other government institutions, not the job broker. At this point, this job broker has already acted against the free will of the employer. The detention of approval documents or other related documents is an act of offense against the law and liable to a fine ranging from NT$60,000 to NT$300,000.

The employer may send a postal witness letter to the job broker demanding the return of related documents. If the job broker fails to respond within the specified time limit, the employer may report to the local government of the city/county or the Ministry of Labor with the attachment of the appointment agreement and the photocopy of the postal witness letter for assistance.

 

II. The Billing Chapter

Answer: According to the Billing Items and Standard Fee Rate for Private Employment Service Institutions, a job broker may charge for a “registration fee” and finder’s fee (limited to the salary of the migrant worker for 1 month) and service (and no more than $2,000 per year). The items of service to be rendered by the job broker is inscribed in Article 2 of the appointment agreement, which includes the recruitment, introduction, continued employment of the migrant workers and the application for certification of recruitment and employment permit. The sample version of the appointment agreement is exhibited in Annex 1 as attached for your reference.

 

Answer: according to the Billing Items and Standard Fee Rate for Private Employment Service Institutions, job brokers may charge the migrant worker service charge only (the amount varies with the duration of the employment of the migrant worker in Taiwan. The rate is $1,800/month for the 1st year; $1,700/month for the 2nd year, and $1,500/month for the 3rd year and beyond). The items of service to be rendered by the job broker is inscribed in Article 2, which includes the caring of daily lives service, arrangement of entry and exit and health inspection. Sample version of the appointment agreement is exhibited in Annex 2-1~2-4 as attached for your reference.

Answer: According to the Billing Items and Standard Fee Rate for Private Employment Service Institutions, a job broker may charge for a “registration fee” and finder’s fee (limited to the salary of the migrant worker for 1 month) and service (and no more than $2,000 per year). The registration fee and finder fee are necessary for handling job search or recruitment and the matching of the job seekers and the employers in the development of employment relations. Service charge is necessary for the job broker to handle the business designated under Article 3 of the Regulations Governing the Permission and Management of Private Employment Service Institutions, including: recruitment permit, employment permit, and extended employment permit and replacement of migrant workers.

Answer: According to the Billing Items and Standard Fee Rate for Private Employment Service Institutions, job brokers may charge the migrant workers a service charge only (the amount varies with the duration of the employment of the migrant worker in Taiwan. The rate is $1,800/month for the 1st year; $1,700/month for the 2nd year, and $1,500/month for the 3rd year and beyond). The content of service covers the business specified in Paragraph 2, Article 3 of the Regulations Governing the Permission and Management of Private Employment Service Institutions, including: the caring of daily lives service, arrangement of entry and exit and health inspection.

Answer: If the employment agreement binding the employer and the migrant worker is terminated within 40 days after the employment agreement has come into full force where the migrant worker is found faulty, the employer may request the job broker to recommend another migrant worker once again or refund 50% of the finder’s fee.

Answer: According to the Billing Items and Standard Fee Rate for Private Employment Service Institutions, job brokers may charge the employers for the employment service to the appointment of the employers at no more than NT$2,000/year for each migrant worker. If the job broker provided less than 1 year of service to the employer, it may charge for the service in proportion to the duration of service. If the payment covering for 1 whole year of service has been effected, the job broker shall refund the amount in excess in proportion to the duration of the service rendered.

Answer: Article 6 of the Billing Items and Standard Fee Rate for Private Employment Service Institutions explicitly stated that, job broker may charge the migrant worker service charge only and cannot charge for the registration and finder’s fee. If the job broker claims for other forms of payment not specified in the aforementioned regulations, it is an act of defiance against Sub-paragraph 5, Paragraph 1, under Article 40 of the Employment Service Act. If a job broker claims for a fee for job purchase, it is recommended that the person concerned should present related materials (such as the ID card number of the employer and the information on the job brokers) and directly report to the local competent authority of the labor force or send the materials to the Ministry of Labor or call the 1955 advisory and complaint hotline for facilitating subsequent investigation.

 

Answer: According to Article 6 of the Billing Items and Standard Fee Rate for Private Employment Service Institutions, in accepting the appointment of foreigners in rendering employment service as stated in Sub-paragraphs 8-10, Paragraph 1, under Article 46 of this law, private employment service institutions may collect ta service charge from the foreigners but cannot charge the fee in advance. If there is any advance collection of payment, call the 1955 advisory and complaint hotline or refer to the local government of the Ministry of Labor.

 

 

[Frequently Asked Questions from Migrant Workers]

Answer: Job broker is a profession requiring special permission and shall be subject to the permission of the ministry before starting the business. The Ministry of Labor seeks to upgrade the service quality of job brokers thereby assesses the job brokers in accordance with applicable laws. The assessment result will be posted at the website of the Workforce Development Administration of the ministry at (https://emp.wda.gov.tw/Index.aspx?Year=111) as reference for the migrant workers.

Answer: Yes, they could. The policy of direct employment is pursued for providing a variety of channels for the employers to employ migrant workers. Currently, employers may use the service of the “Direct Employment Joint Service Center” of the Ministry of Labor (https://dhsc.wda.gov.tw/) to act as an intermediary or send related documents. Employers may also introduce migrant workers through a delegated job broker or through the Direct Employment Joint Service Center to meet their specific needs.

(III)       What if the service of the job broker is unacceptable? 

Yes: You may elect to rescind the service agreement and express your intent of rescission of the service agreement by notifying the job broker by telephone or in writing. If the job broker acts in violation of applicable laws with proof, call the 1955 advisory hotline to refer the situation.

(IV)     What kind of fee should migrant workers pay to the job broker for the service in Taiwan? What fee should be paid? How much would that be? What service should the job broker render? 

Answer: according to the Billing Items and Standard Fee Rate for Private Employment Service Institutions, job brokers may charge the migrant worker service charge only (the amount varies with the duration of the employment of the migrant worker in Taiwan. The rate is $1,800/month for the 1st year; $1,700/month for the 2nd year, and $1,500/month for the 3rd year and beyond). The items of service to be rendered by the job broker is inscribed in Article 2, which includes the caring of daily lives service, arrangement of entry and exit and health inspection. Sample version of the appointment agreement is exhibited in Annex 2-1~2-4 for reference.

 

(V) What kind of fees should migrant workers pay to the job brokers in the appointment? How much would that be? What service should the job broker render? 

Answer: According to the Billing Items and Standard Fee Rate for Private Employment Service Institutions, job brokers may charge the migrant workers a service charge only (the amount varies with the duration of the employment of the migrant worker in Taiwan. The rate is $1,800/month for the 1st year; $1,700/month for the 2nd year, and $1,500/month for the 3rd year and beyond). The content of service covers the business specified in Paragraph 2, Article 3 of the Regulations Governing the Permission and Management of Private Employment Service Institutions, including: the caring of daily lives service, arrangement of entry and exit and health inspection.

 

(VI)  The job broker told me that I have to proceed with continued employment, renewal of employment at expiration of previous term of employment or switching employer and a fee shall be charged. Is this usual? and how should I respond? 

Answer: Article 6 of the Billing Items and Standard Fee Rate for Private Employment Service Institutions explicitly stated that, job broker may charge the migrant worker service charge only and cannot charge for the registration and finder’s fee. If the job broker claims for other forms of payment not specified in the aforementioned regulations, it is an act of defiance against Sub-paragraph 5, Paragraph 1, under Article 40 of the Employment Service Act. If a job broker demands for a fee for a job purchase, the person concerned is recommended to present related materials (such as the passport number, the name of the job broker and the screenshot showing the information on demanding for a fee for a job purchase and so on) and directly report to the local competent authority of labor force or send to the Ministry of Labor or call 1955 advisory and complaint hotline for facilitating subsequent investigation.

At the time the migrant worker is waiting for switching to another employer or returning to home country, the Ministry of Finance will voluntarily remind the migrant worker in data push mode through the LINE@移點通 that in case of undue treatment, the migrant worker may click to link the text customer service of the 1955 advisory and complaint hotline through LINE@移點通 for reporting the problem.

1. User instructions: after joining the LINE@移點通 as a fan and bundling the LINE ID with the personal passport number, name, date of birth, residence visa number, read and select the privacy right and security policy clause. After a successful bundling, message will be sent as a LINE text.
2. The data push frequency and time point: data will be sent once on the day after the issuance of approval of switching or disapproval of switching at 12:30.

 

(VII)    Could the job broker charge for the monthly service in advance?

Answer: According to Article 6 of the Billing Items and Standard Fee Rate for Private Employment Service Institutions, in accepting the appointment of foreigners in rendering employment service as stated in Sub-paragraphs 8-10, Paragraph 1, under Article 46 of this law, private employment service institutions may collect ta service charge from the foreigners but cannot charge the fee in advance. If there is any advance collection of payment, call the 1955 advisory and complaint hotline or refer to the local government of the Ministry of Labor.

 

(VIII)   Is it legal for the employer to deduct the commission for the job broker from the monthly salaries? How to respond to this?

Answer: Employers cannot act in defiance of this law or the orders promulgated under this law.If the employer deducts the commission for the job brokers from the salaries, it will be a violation of the rules for disbursing salaries in full amount thereby liable to a fine ranging from $60,000 to $300,000 under the Employment Service Act. If the employer of specific migrant worker has deducted the commission from the monthly salaries, call the 1955 advisory and complaint hotline or refer the situation to the local government or the Ministry of Labor.

 

(IX)     The expense incurred from the pick-up and drop-off of migrant worker at the airport

Answer: 

I. According to Subparagraph 5 under Article 2 of the Billing Items and Standard Fee Rate for Private Employment Service Institutions: “the items under the fee rate standard are defined as follows: 5. Service charge: the expenses incurred from the employment service designated by the competent authority at the central level under Subparagraph 4 of Paragraph 1 under Article 35 of the Employment Service Act, including the transportation fees for the pickup and drop off the foreigner at the airport.” In rendering the items of services by private employment service institutions pursuant to Article 35 of the Employment Service Act and Article 3 of this Regulations, the expenses incurred from transportation for pickup and drop off foreigners at the airport should be included in the service charge and cannot charge for additional payment from the migrant worker or the employer.

II. The pick-up and drop-off of a migrant worker at the airport is an item of employment service pursuant to Article 35 of the Employment Service Act and Article 3 of this Regulations and should be covered by the service charge collected from the migrant worker. There will be no extra charge on the migrant worker. If the migrant worker needs to take a vacation for returning to home country, which falls beyond the scope of the aforementioned items of employment service thereby the expenses incurred from the travelling thereof shall be borne by the migrant worker and collected at a reasonable level as agreed upon between the migrant worker and the private employment service institution. 

 

(X) Query of the service charge in the waiting period of migrant worker for switching to another employer.

Answer: 

I. If a job broker accepts the appointment of a migrant worker for seeking employment in Taiwan, this job broker shall enter into a service agreement with the migrant worker specifying the terms of appointment, rights and obligations, tasks to be accomplished and damage caused by a breach of contract.

 

II. Within the perpetuity of the service agreement binding the job broker and the migrant worker, if the job broker has provided actual services for the migrant worker in accordance with the content of the agreement, it may charge for the service pursuant to Article 6 of the Billing Items and Standard Fee Rate for Private Employment Service Institutions. If the migrant worker no longer has the need to appoint the job broker for rendering employment service, it is preferable that the migrant worker shall express its intent of termination of the service agreement to the job broker in writing (e.g.: postal witness letter). Accordingly, the job broker can no longer charge the migrant worker for the service once the expression of intent of termination of the employment agreement becomes effective.

 

III. Furthermore, if the job broker has provided actual service to the migrant worker within the perpetuity of the service agreement during which the migrant worker is in the waiting period of switching employers, the job broker can still charge the migrant worker for the service rendered. If the service agreement is terminated, the job broker cannot collect a service charge on the migrant worker any more.

 

 

(XI) If traveling expense is incurred from the dispatch of translator by the job broker to assist the migrant workers in translation, could be migrant worker be billed on this?

Answer:

I. According to Sub-paragraph 2 under Article 3 of the Regulations Governing the Permission and Administration of Private Employment Service Institutions (hereinafter referred to as the Regulations), the acceptance of the appointment of employers or foreigners to take care of the daily lives of foreigners in the Republic of China, arrangement of the entry and exit, health inspection, reporting the health inspection results to the public health authorities, consultation, counseling, and transactions for the foreigners, are the designated items of employment service of the competent authority at the central level. According to Sub-paragraph 5 under Article 2 of the Billing Items and Standard Fee Rate for Private Employment Service Institutions, service charge will be the fee required for employment services designated by the competent authority at the central level pursuant to Sub-paragraph 4 of Paragraph 1 under Article 35 of the Employment Service Act, including the transportation services for the foreigners.

 

II. Accordingly, the translation service arranged by the job broker for assistance to the employer or migrant worker shall fall into the category of “translation” employment services under Sub-paragraph 2 under Article 3 of this law and the expenses incurred (including traveling expense) are already included in the service. No additional payments shall be charged.

 

(XII) If the job broker helped the migrant worker to process a new round of exit and re-entry, could it charge for the service?

Answer:

I. According to Article 3 of the Regulations Governing the Permission and Administration of Private Employment Service Institutions (hereinafter referred to as the Regulations), the items of employment service designated by the competent authority at the central level pursuant to Sub-paragraph 4 of Paragraph 1 under Article 35 of the Employment Service Act are: (1) Accepting the appointment of the employers in the recruitment, introduction, continued employment and certification of recruitment, recruitment permit, employment permit, extended employment permit, replacement of worker, switching employers, switching jobs, changes in the content of the employment permit, reporting on the absence of foreigners at work for 3 consecutive days for reference filing. (II) Acceptance of the appointment of the employer or the foreigner in the caring of daily lives of the foreigner in the Republic of China, arrangement of entry and exit, arrangement of health inspection, reporting on the result of health inspection to the public health authorities, consultation, counseling and translation. (III) Acting on behalf of the foreigner to apply for residency for acceptance of the appointment of a foreigner in the employment of work specified in Sub-paragraphs 8-11 under Article 46 of the Employment Service Act

II. In sum, re-entry is an integral part of residency, where the Immigration Administration shall be the competent authority. In other words, it falls within the scope of employment service in “acting on behalf of the foreigner to apply for residency” under Sub-paragraph 3 of Article 3 of this law. Accordingly, the expenses incurred shall be included in the service charge. No additional payment shall be charged. Apply for a re-entry permit with the Immigration Administration at no charge and may be applied online.

 

 

(XIII) If travelling expense and handling fee is incurred due to the assistance of the job broker to the migrant worker in seeking medical attention, drop-off and pick-up at the airport for the vacation of the migrant worker for returning to home country, declaration of income tax, application for replacement of passport and personal identification document (such as residence visa, national health insurance card) reported lost or missing, could the job broker charge the migrant worker for this service?

Answer: 

I. According to Article 3 of the Regulations Governing the Permission and Administration of Private Employment Service Institutions (hereinafter referred to as the Regulations), “the items of employment service designated by the competent authority at the central level pursuant to Sub-paragraph 4 of Paragraph 1 under Article 35 of the Employment Service Act are: (1) Accepting the appointment of the employers in the recruitment, introduction of foreigners, continued employment and certification of recruitment, recruitment permit, employment permit, extended employment permit, replacement of worker, switching employers, switching jobs, changes in the content of the employment permit, reporting on the absence of foreigners at work for 3 consecutive days for reference filing. (II) Acceptance of the appointment of the employer or the foreigner in the caring of daily lives of the foreigner in the Republic of China, arrangement of entry and exit, arrangement of health inspection, reporting on the result of health inspection to the public health authorities, consultation, counseling and translation.”

 

II. According to Sub-paragraph 5 under Article 2 of the Billing Items and Standard Fee Rate for Private Employment Service Institutions: “the items under the fee rate standard are defined as follows: 5. Service charge: the expenses incurred from the employment service designated by the competent authority at the central level under Subparagraph 4 of Paragraph 1 under Article 35 of the Employment Service Act, including the transportation fees for the pickup and drop off the foreigner at the airport.”

III. Private employment service institutions have the discretion of accepting the appointment of the employer or the migrant workers as long as there is no violation of any applicable legal rules. In rendering services other than the employment service as stated in the Employment Service Act and these Regulations, private employment service institutions shall enter into an agreement with relevant employers or migrant workers at free will depending on the services appointed but shall reasonably charge for the service.

IV. Accordingly, migrant workers may have the need for medical attention due to personal reasons, returning to their home country for a family visit, declaration of income tax, renewal of passport, or request for replacement of missing personal documents, which are not included in the aforementioned employment service. Accordingly, the parties concerned shall enter into an agreement to charge the fee for transportation and related administrative services at a reasonable level.

 

(XIV) After the job broker has charged for the service under law, could this job broker apply extra charges on the employer or the migrant worker for translation services?

 

Answer:

I. According to Article 3 of the Regulations Governing the Permission and Administration of Private Employment Service Institutions (hereinafter, the Regulations), the items of employment service designated by the competent authority at the central level pursuant to Article 35 of the Employment Service Act are: (1) Accepting the appointment of the employers in the recruitment, introduction of foreigners, continued employment and certification of recruitment, recruitment permit, employment permit, extended employment permit, replacement of worker, switching employers, switching jobs, changes in the content of the employment permit, reporting on the absence of foreigners at work for 3 consecutive days for reference filing. (II) Acceptance of the appointment of the employer or the foreigner in the caring of daily lives of the foreigner in the Republic of China, arrangement of entry and exit, arrangement of health inspection, reporting on the results of health inspection to the public health authorities, consultation, counseling and translation. (III) Acceptance of the appointment of foreigners engaged in the work under Sub-paragraphs 8-11 of Paragraph 1 under Article 46 of the Employment Service Act in assisting the processing of residence visas.

II. The fee received by the job broker for rendering the items of employment services under the Employment Service Act and this Regulations has already covered the service charge to be collected from the employer or the foreigner and no more fees shall be charged on the foreigner or the employer. If the job broker provides assistance to the migrant workers for transactions related to the lack of cooking skills or helping the recipient of caregiving in a rehabilitation exercise, could the job broker charge for the translation service? If the content of the translation falls within the scope of assistance as instructions for work within the scope of employment service under the Employment Service Act and the Regulations, the job broker cannot charge the employer or the migrant worker for the service.