CLA launches stiffer penalties for illegal hiring

This article was published by the Taiwan Headlines on April 20, 2006. It reports that according to the Council of Labor Affairs, those who employ illegal foreign workers or who arrange work for illegal foreign workers will now face a heavier punishment. Any "missing" foreign worker who has stayed in Taiwan illegally for over six months will also face a heavy fine.

The Council of Labor Affairs urges illegal foreign workers to surrender themselves to the police. According to the government agency, there can be no benefit to working illegally because there is no law or health insurance to protect the illegal foreign workers. As a result, these workers would constantly in danger of being exploited by employers or brokers.

If an illegal foreign worker gives himself up, then he or she will only receive slight punishment. His or her country's trade office in Taiwan will also help him or her to return home as soon as possible. However, any "missing" foreign worker who has stayed in Taiwan illegally for over six months will face a maximum fine of NT$150,000 if he or she is caught by the police. Not only will the illegal foreign worker be repatriated, but he or she is also barred from ever entering Taiwan again.

Nonetheless, if foreign workers become illegal by "disappearing" because of ill-treatment and exploitation by employers, then their cases will be handled cautiously. They will not be sent back to their countries, and their right to work in Taiwan will be protected. The Council of Labor Affairs has set up free hotlines in four different languages for all foreign workers who seek help. These languages are English, Thai, Indonesian and Vietnamese.

Under the current Employment Service Act, the fine for employing illegal foreign workers ranges from NT$150,000 to NT$750,000. The exact amount of the fine imposed on the illegal employer is decided by local governments in accordance with the case involved.

Now, the Council of Labor Affairs has set up a standard to determine whether or not an employer who employs illegal foreign workers should face a maximum penalty of NT$750,000. The standard stipulates that if an employer is found to have knowingly employed an illegal worker for 30 days or more, then he or she must be fined NT$750,000. Furthermore, if an employer commits two offenses within a five-year period, then he or she faces a three-year jail sentence and/or a fine as high as NT$1.2 million. The Council of Labor Affairs will also ask local governments to severely punish those who employ illegal foreign workers.

Meanwhile, according to the Council of Labor Affairs, those who intentionally arrange work for illegal foreign workers or who unintentionally arrange work for over two illegal foreign workers will face a fine of NT$500,000.

According to the Council of Labor Affairs, to impose heavier punishment on those who employ illegal foreign workers is to protect the employment rights and interests of not only domestic workers but also foreign workers. The number of illegal foreign workers in Taiwan has been between 20,000 and 30,000 in recent years.

According to the Ministry of the Interior, there are currently over 330,000 foreign workers in Taiwan. About 7 percent of these are classified as "missing" and therefore regarded as illegal foreign workers.

Finally, in an effort to combat the public security problems that result from protests staged by disgruntled illegal foreign workers, the police recently launched a campaign to crack down on illegal foreign workers. So far, 1,929 illegal foreign workers have been found.