Presidential Directive to Amend the Employment Service Act (Taiwan)

Sophia Tsai

The President promulgated Articles 5, 24, 40, 46, 54, 56, 65-68 and 70 of the Employment Service Act (hereinafter, the “Act”) as amended via the Hua-Zhong-One-Yi-10700128031 Directive of November 28, 2018. The amendments are highlighted below:

1. Article 5 of the Act is revised to stipulate that the zodiac constellations and blood types are added to the prohibited discrimination items for an employer in dealing with a job applicant or an employee, and that if a fine is imposed on the violator, the names of the organization in violation and its representative shall be announced by the competent authority. In addition, it is additionally stipulated that an employer shall not avoid public disclosure or communication of the salary range of a vacant position provided by the employer whose recurrent salary falls short of NT$40,000.

2. Article 24 of the Act is amended to stipulate that the competent authority shall provide relevant facilitation and assistance to individuals who are qualified care givers and willing to seek employment.

3. Article 40 of the Act is amended to increase prohibited employment service items for private employment service institutions and their employees to enhance the protection of foreign workers. Such additional prohibitions include: prohibition against an employer’s sexual assault against, trafficking, impairment to their freedom, mayhem against them or killing of them; and failure to report to the competent authority, the National Immigration Agency, policy agencies or other judicial agencies within 24 hours after learning that the employed foreign nationals are suspected to have been sexually assaulted or trafficked, that their freedom may have been undermined, or that they may have been seriously harmed or killed by their employers, individuals receiving their care or other family members living together, representatives or responsible persons of the employers or other people handling labor affairs on behalf of the employers.

4. Article 54 of the Act is amended to stipulate that when foreign nationals are recruited to engage in legitimate work, if the employer violates occupational safety and sanitation laws and regulations to the extent that foreign nationals so employed are deceased or lose part of or all working abilities and fails to compensate or pay damages pursuant to law, the central competent authority shall not issue a recruitment approval, employment approval or extend an employment approval in whole or in part. If a recruitment approval has been issued, the recruitment may be terminated.

5. Article 56 of the Act is amended to stipulate that if a foreign national so recruited is absent from work for three consecutive days, cannot be reached or is terminated by the hiring organization, the employer shall send a written notice indicating all relevant matters to the local competent authority, the National Immigration Agency and police agencies in three days. However, if a foreign national as hired is absent from work and cannot be reached, the employer may notify the National Immigration Agency and police agencies, in writing, to investigate. If foreign nationals so recruited suffer from their employer’s false representation that they have been absent from work for three consecutive days and cannot be reached, they may file a complaint with the local competent authority. If such misrepresentation is verified, the central competent authority shall cancel the administrative disposition which revokes the original employment approval and requires such foreign nationals to leave this country.