Answer: While the employer may appoint a representative to act on his behalf, the foreign worker in question is required to show up in person for the application to ensure his employment privileges. I. Article 3 of the Verification Procedure regarding the termination of contract for Class B foreign workers states that the bureau shall be responsible for: 1. Verifying the basic information of both parties based on the notification and contact telephone or face-to-face interview to determine their real intentions. Before the interview is over, both parties shall be informed of the complaint hotline for Class B foreign workers. 2. If the interviewer is unable to determine the actual intention of the Class B foreign workers in question after the telephone/face-to-face interview, the bureau may request both parties (if the employer is unable to be present, a designated representative must produce a statement of authorization) to proceed to have a designated location for verification where the local competent authority shall acknowledge that the employer (or a representative) has terminated the employment contract with the Class B foreign worker in question. Should any party fail to attend the event for any valid reason, he would thereby forfeit their right to state their opinions and the competent authority shall handle the matter accordingly. II. In an effort to safeguard foreign workers’ employment privileges, New Taipei City Government has adopted interview-verification procedure as the official method to determine the actual intentions of related parties. Out of the considerations that employers might be occupied with their business, the bureau allows employers to designate representatives to act on their behalves for the verification procedure. However, foreign workers involved must be present in person for the occasion.
No. I. Article 43 of Regulations Governing Employment Permits and Administration of Foreign Nationals states that employers shall pay wage to Class B foreign workers as stated in the labor contract. With the exception of items and amounts to be covered by the foreign worker, the employer shall pay the wages in full and in cash. II. When local competent authorities perform an inspection of expenses incurred or wages paid to foreign workers for works defined in Clauses 8 through 10 of Section I of Article 46 in the Regulations Governing Employment Permits and Administration of Foreign Nationals, the inspection shall be performed based on the contents of the affidavit formulated in accordance to Clause 4 of Section I of the aforementioned regulation. Labor related question No. 3: Are foreign workers working in Taiwan allowed to bring their dependents into the country? Are they allowed to raise their children in Taiwan? Answer: According to relevant sections in the Employment Service Act, foreign workers engaged in marine fishing, household works, construction, manufacturing and caretaking at institutions or homes are not permitted to bring their dependents into the country. However, foreign workers who bear children during their tenure of employment in Taiwan after their arrival and with the capability to raise their children may be exempted.
According to relevant sections in the Employment Service Act, foreign workers engaged in marine fishing, household works, construction, manufacturing and caretaking at institutions or homes are not permitted to bring their dependents into the country. However, foreign workers who bear children during their tenure of employment in Taiwan after their arrival and with the capability to raise their children may be exempted.
If disputes between foreign workers and their employers/agencies arise, either party may apply for dispute mediation from the Bureau of Labor Affairs via phone, application in person, mail or fax. The bureau’s toll-free number, 0800-800-885, is also available for those with relevant queries. In addition, foreign workers may also use the following numbers to reach our staff for services in languages listed below.
1. Employers with the intention to request foreign workers (meeting the definition in the Labor Standards Act) to work over their regular work hours must first seek consent from the corresponding union. If the business organization does not have a union, the employer may extend the work hours after both parties have come to an agreement on relevant terms in a formal meeting.
2. An employer may not extend the normal work hours to a total of more than 12 work hours per day nor more than 46 hours of extended work time in a given month.
Overtime fees for foreign family care personnel/house workers shall be determined in the contents of the labor contract signed by both parties. As for factory workers (foreign workers who meet the definition in the Labor Standards Act), they should be paid 1.33 times their regular wages for the first two hours of overtime work and 1.66 times their regular wages for the next two hours of overtime work (as stated in Article 24 of the Labor Standards Act).