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June 29, 2017

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Kaohsiung reveals fines on illegal employment

The Labor Affairs Bureau of the Kaohsiung City Government (高雄市政府勞工局) recently revealed the latest statistics concerning violations of the Regulations on the Permission and Administration of the Employment of Foreign Workers (雇主聘僱外國人許可及管理辦法), listing the existence of 164 individual cases, which accumulated to NT$20.48 million in fines.

According to the bureau, of the 164 cases, 67 are in violation of the Employment Services Act Article 57-1, while 59 cases have been documented to be in violation of Article 57-3.

  The first sub-article states that "an employer shall not engage in employing a foreign worker without a permit or after the expiration of the permit, or a foreign worker who has been permitted to be employed at the same time by a third party," while the third states that "an employer shall not engage in appointing a foreign worker to employment that is not within the sphere of the permit," have also been reported by the bureau.

Labor Bureau Warns Employers of Illegal Workers

According to the bureau, most cases are a result of employers hiring illegal workers who came from unknown employment backgrounds. The bureau has warned employers to be careful and more observant when it comes to hiring so as to refrain from breaking the law.

  Using a woman with the last name Lee as an example, the bureau stated that Lee was in need of hiring care for her father who suffered a vehicle accident. Lee had approached an unknown agent to hire an Indonesian maid at NT$900 per day, which resulted in her being fined NT$15 thousand after the case was discovered by the National Immigration Agency.

  Bureau Director Chung Kung-chao (鍾孔炤) said, that foreign workers exist to compensate for the lack of personnel in the labor field, not to replace them. Foreign workers are required to go through proper procedures to be granted employment, so employers should always check for legal documentation and not be blinded by false information from employment agencies. Even when hiring a foreigner who holds a marriage ARC, employers should examine the legitimacy of documents before employment, Chung concluded.

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