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Foreign labor disputes shall be petitioned through the legal process to ensure personal rights

  • Last updated:2021-10-18

Targeting the petition of foreign employee concern groups for free transfer between employers on Nov. 2nd, 1006, the Council states that relevant regulations are undergoing revision. If foreign workers express willingness to change employment, they may transfer to another employer after termination of working contract based on agreement between both parties. In the case of a missing foreign worker who fell to the ground to his death in an accident discovered by the police, the Council shows sympathy and calls for a legal and a safe working environment for foreign employees Foreign workers shall lodge a petition for any mistreatment by their employer through the legal process established by government and civil associations to seek assistance, and shall avoid any illegitimate actions, such as going missing or escaping. 
For free transfer of foreign workers between employers petitioned by foreign employee concern groups, the Council states that foreign workers hired to work for items stipulated in Subparagraph 8 to 11, Paragraph 1, Article 46 of the Employment Service Act, enacted on Dec. 30th, 2005, may transfer to another employer after termination of working contract based on agreement between both parties. Those foreign workers suffering physical injury, unable to work in a similar environment, may not be limited to the same working category. Foreign employees who are not able to transfer within 3 limited times under regulations due to reasons out of their control, may have another 3 opportunities through cross region employment services, if they are willing. 
According to the Council, the Bureau of Employment and Vocational Training has established 4 toll free petition lines respectively in English, Thai, Vietnamese, and Indonesian languages for foreign workers involved in mistreatment or wage disputes, and will notify local governments by petition for proper investigation. 
Governments in all countries had established a consulting service center for foreign workers to provide immediate assistance, when the Council set the service center for foreign employees for their immigration petitions on Jan. 16th, 2006. Foreign workers involved in labor disputes, will be provided with emergency sheltering services once the county or city governments ensure the necessity for shelter, the terms of sheltering will not be excluded from calculation of working expiration for protection of labor rights. Foreign workers shall petition any mistreatment by their employer or labor disputes through the above mentioned legal process to seek assistance, and shall avoid any illegitimate actions, such as going missing or escaping, and thus prevent violation of personal rights. 
The Council reiterates the policy of securing the working rights of legal foreign employees, and continues to revise the management measures based on the concept of human rights protection since introducing foreign workers to Taiwan. The Council restates that all legal foreign workers in Taiwan shall petition any mistreatment by employers through legitimate measures to secure personal rights, and shall avoid going missing or entering into illegal employment, thus inducing exclusion from any protection of labor regulations, abuse or exploitation by illegal employers or agencies. The Council expresses living management and visiting for foreign laborers will be continuously enhanced to secure their personal rights. 

  • Source:Workforce Development Agency
  • Publication Date:2006-10-02
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