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A brief talk on the issue of legally employing a migrant worker as the caregiver for the patient in the hospital.

During the breakout of the novel coronavirus, Covid-19, the Central Epidemic Command Center (CECC) announced a confirmed case, with a foreign caregiver working in the hospital. In wake of this incident, we, Department of Labor (DOL), Taipei City Government, are urging that when accompanying to the hospital the caregiver employed shall be the legally employed caregiver. Don’t employ an unknown foreigner because it would result in the violation of the law and it creates a potential risk during the pandemic prevention time.

According to the Employment Service Act, the work permit for a foreigner has to be applied for to the Ministry of Labor. Hiring a foreign worker whose work permit is invalid or is not approved, the employer is in violation of the preceding law. The common illegal situations for employment purposes are fake marriages, fake students or using someone else’s certificate, or even using an expired residence certificate to apply for work. Some employers, who had misused illegal foreign workers as temporary caregivers, said that they had hired migrant workers by means of getting the brochures kept on the hospital counters or the business cards of some nursing centers, sent by someone in the hospital, on which there were the written advertisements using slogans, such as, “government registered” or “call and work immediately”.

The employer who doesn’t verify first and is misled to employ an illegal migrant worker will be fined a penalty of 150,000 to NT$750,000 according to the Employment Service Act. Moreover if a pandemic potential is created by the above said, the employers would put themselves and their families at a risk of being infected with the pneumonia and as well as be fined a high penalty.
The DOL of Taipei City Government has built an area named “Alien Resident Certificate Checking” on our official website https://bit.ly/2TjFKfM . It supplies the information of how to employ for employers, the method of examining a foreigner’s certificate and the common situations of misusing an overstaying migrant worker. The Taipei City Foreign and Disabled Labor Office (FDLO) and the Employment Service Office have created a link from their official websites to the search areas to have the employer obtain the related information about employing a foreigner.

We are reiterating that the employers who have the need of employing a caregiver can consult with the nursing stations of the hospitals. Three steps are essential to follow in order to ensure that the employment of the foreigner is legal. These three steps are called the 3 nots, the 3 musts and the 3 verifications. Don’t illegally employ foreigners, don’t take too many risks and don’t delay reporting to the police about the migrant worker whom you’ve lost contact with. Remember to consult with the legal agent/agency, remember to check the foreigner’s certificate and take pictures for future references. The 3 verifications are clarifying the differences between new residents and foreigners, examining the alien residence certificates and checking the expiration dates for the work permits and the residence certificates.

For the foreign students, who want to have a part-time job, the work permit is needed. The employer has to check their work permits, residence certificates and student cards. In order not to employ a migrant worker with the fake new resident identity, when employing the new residents, the employer has to check their residence certificates, passports and the original copy of their dependent household registrations, and examine carefully their photos and identities, even though the work permit applied for to the Ministry of Labor is not needed. If there is any question on how to examine the foreigner’s identity, please consult with the DOL at 02-27208889 ext. 7022, 7506, 7507 or the FDLO and the Employment Service Office at 02-23381600. Also the website of the Workforce Development Agency, Ministry of Labor is accessible for the employer to obtain the related details of employing a foreigner.