Newsletter
Executive Yuan's Latest Proposed Amendments to the Employment Service Act
The Executive Yuan approved the proposed amendments ("Amendments") to the Employment Service Act on 10 July 2014 to attract more foreign professionals to Taiwan, provide a friendly working environment, and stiffen penalties for the illegal employment of foreigners. The Amendments will subsequently be submitted to the Legislative Yuan for its approval.
The major points of the Amendments include, among others, the following:
(1) Work permits will no longer be required for permanent residents, or foreign nationals who have been approved by the Ministry of Education to give lectures, teach or conduct academic research at colleges or universities in Taiwan.
(2) International students studying at colleges or universities in Taiwan will be allowed to apply directly to the Ministry of Labor (MOL) for permits to take up part-time jobs (At present, such applications have to be filed through their schools).
(3) Foreign religious professionals invited to take part in religious activities in Taiwan will only be required to apply for a visa for religious activities from the Ministry of Foreign Affairs.
(4) The MOL is also looking to deter illegal employment of foreign workers by imposing heavier penalties on culpable employers as well as employment agencies. The matters to be prohibited when employers and agencies recruit or hire foreign workers have been revised as well. To curb the brokerage of illegal foreign workers, the Amendments would significantly increase the penalties for such offenses. Fines to be imposed on offenders would be raised to between NT$300,000 and NT$1.5 million (US$10,000-$50,000) per worker brokered. At present, offenders are fined between NT$100,000 and NT$500,000 (US$3,400-$16,600) for each offense. Furthermore, the maximum jail term for offenders of the same offense within five years would be raised from the current one year to five years.
It is generally believed that, combined with the easing of the Nationality Act and relevant laws and regulations, the Amendments, once promulgated, will enable Taiwan to recruit more top-notch professionals from abroad and will have a significant impact on deterring the brokeraging of illegal foreign workers.