Employment of Foreign Workers and the issues encountered
To those employers who hire foreign caregivers, their family will add one more person to share the work of caring for the person who is nursed. For the purpose of letting employers surmount an obstacle and helping them resolving issues and any confusion that may arise, the Taipei City Foreign and Disabled Labor Office has listed the most important questions from starting the application for the foreign worker to adapting and getting along with them.
Employers often complain about the unclear reason for fees charged by the employment agency. It seems that the market price has been decided on a case by case negotiation with any standard. After the foreign worker works move in with the family, the employee is still demanded to pay a service charge by the employment agency every month. Even when meeting the foreign worker whose Chinese proficiency and communication are not good enough, the employer still has to accept it. Do the employers intend to get a replacement for the foreign worker, the caregiving falls back onto the employers themselves during the waiting period. Other issues like dealing with the housework and taking care of children, in addition to taking care of the person who needs caregiving.
The above issues can be clarified from the point view of the employment agency and communication with the foreign workers. The employment agency will charge the employer a registration fee, an introducing fee and a service fee, and charge the foreign worker a service fee. The registration fee and introducing fee charged by the employment agency for each foreign worker can’t be more than one month’s salary of each foreign worker. The service charge can’t be over NT$2,000 per year for each worker. The monthly service charge paid to the employment agency is considered to be the service charge paid by the foreign worker, which can’t be over NT$1,800 for the first year, NT$1,700 for the second year and NT$1,500 for the third year. Since the above said charges are supposed to be covered by the employer, the employer can’t make a pre-deduction from their salaries to make a payment to the employment agency.
Furthermore, according to the recently passed regulation “Foreign Workers Don’t Need to Leave Taiwan on the Contract Expiration Day”, the employed foreign worker doesn’t need to leave Taiwan upon his/her contract expiration so that the caregiving will not be interrupted. Provided that the employer intends to extend the foreign worker’s contract, a continuing employment is required to be filed with the Center of Direct Recruitment within two to four months before the valid period of employment ends. Provided that the employer decides not to continue the employment and decides to transfer the employee to another employer instead, the employer is expected to file and have the employee transferred out through the Center of Direct Recruitment two to four months prior to the termination of the contract.
As to the communication problems between the employer and employee, the bilingual staff of the employment agency can offer assistance the first time. In a case where there is a dispute between the employer and employee and the employment agency is unable to resolve the dispute, please contact the Taipei City Foreign and Disabled Labor Office, the Foreign Worker Section at 02-23381600 (ext. 4220). The Ministry of Labor has a direct line 1995, which offers the assistance of language translation. When the foreign worker steals, please report to the police with the related proof.
At the time the employer is not satisfied with the performance of the employee, and is concerned that he can’t hire a new foreign worker during the period of transferring employment, the employer will encounter the lack of manpower. Since the foreign worker is the substitute of the native worker, without the assistance of foreign workers the native worker is optional.
Actually, the work scope for the family caregiver is to daily take care of the physically and mentally disabled people or the patient. Asking the caregiver to work beyond the scope allowed such as cleaning the yard, washing the car, sending and picking up kids, helping at restaurant, stores or the business place and etc., the employer inspected will be fined a penalty of more than NT$30,000 but less than NT$150,000.
For the further related information on the employment of foreign workers, please go to the official website of the Taipei City Foreign and Disabled Labor Office or seek counseling from the information counter, 4 F., No.101, Bangka Blvd., Wanhua Dist.,Taipei City.