Some labor laws that caretakers and bosses should know
Be patient to read to protect yourself
法律規定，外籍家庭看護工的法定工作內容是，在家庭從事身心障礙者或病患的日常生活照顧相關事務工作，因為被照顧人生活無法自理，舉凡為被照顧人煮飯、洗衣、清潔環境 等，皆為家庭看護的合法工作範圍。
而外籍家庭幫傭的工作內容則是，在私人家庭從事房舍清理、食物烹調、家庭成員起居照料或其他與家事服務有關工作。
The law stipulates that the statutory work content of foreign domestic care workers is to engage in the daily life care related affairs of the disabled or sick at home, because the care recipient cannot take care of himself, such as cooking, laundry, and cleaning the environment for the care recipient. etc., are all legal work scopes for family caregivers.
The job content of foreign domestic helpers is to do house cleaning, food cooking, daily care of family members or other work related to domestic services in private households.
根據勞動部訂定的「外國人從事就業服務法第46條第1項第8款至第11款工作資格及審查標準」，家庭幫傭，主要是在家庭內從事房舍清理、食物烹調、照料 家庭成員起居或其他與家事服務有關的工作；而家庭看護工，也就是我們稱之的外籍看護，則是在家庭內從事病患、身心障礙者的日常生活照顧相關事務工作。
According to the “Work Qualification and Examination Criteria, Article 46, Paragraph 1, Paragraph 11, of the Employment Service Law for Foreigners” formulated by the Ministry of Labor, domestic helpers are mainly engaged in house cleaning, food cooking, and caring in the family. The daily life of family members or other work related to domestic services; and domestic care workers, also known as foreign caregivers, are engaged in the daily care of the sick and the disabled in the family.
外勞的契約期間一次最長為3年，月薪不得低於基本工資，即新台幣25250元（惟外籍家庭看護工及家庭幫傭因不適用勞動基準法規定，其月薪按勞動契約內容而定，雇主 必須提供住宿及膳食，外勞在台工作滿3年的前四個月，外勞可選擇期滿離境或新制在台續聘或新制在台轉出。
The maximum contract period for foreign workers is 3 years at a time, and the monthly salary shall not be lower than the basic salary, which is NT$25,250 (except for foreign domestic care workers and domestic helpers, because the labor standards law does not apply, their monthly salary is determined according to the content of the labor contract. Accommodation and meals must be provided. In the first four months after the foreign worker has worked in Taiwan for 3 years, the foreign worker can choose to leave the country after the expiration of the term, re-employment in Taiwan under the new system, or transfer out of Taiwan under the new system.
外籍勞工可享有的假期
外籍勞工每星期應有一天的假期，另外當工作滿一年後續約一年時可享有特別休假7天；若外籍勞工因病請假，雇主應給予病假，一年不得超過30天，其薪資 折半發給。
Holidays available to foreign workers
Foreign workers should have one day of vacation a week, and they can enjoy 7 days of special leave when they work for one year and then another year. If a foreign worker asks for leave due to illness, the employer shall grant sick leave, which shall not exceed 30 days a year, and the salary of the foreign worker shall not exceed 30 days a year. Give in half.
Employers need to pay and What are the annual leave regulations for foreign nurses
Labor Laws translated in English
Labor regulations - laws commonly violated by employers
Violation of Article 57, Paragraph 3 of the Employment Service Act: assigning foreigners employed to perform work other than those permitted by the permit.
Violation of Article 57, paragraph 4, of the Employment Service Law: without permission, a foreigner assigned to perform work specified in Article 46, paragraph 1, paragraphs 8 to 10, changes the workplace without permission.
Illegal detention or misappropriation of passports, residence documents or property of foreigners employed. 7. Those who fail to implement the "Foreigner Life Management Plan".
Thoughtful little reminder
Article 57 of the Employment Service Act and "Work Qualifications and Review Standards for Foreigners Engaged in Employment Service Act, Article 46, Paragraph 1, Paragraph 8 to Paragraph 11" clearly stipulate that domestic helpers are mainly engaged in housekeeping within the family. They are responsible for cleaning the house, cooking food, taking care of family members, or other tasks related to household services; while home care workers are engaged in daily care-related tasks for patients and people with disabilities within the family.
There is a difference in the scope of work between the two. I would like to remind you that you must never assign "care workers" to clean the entire house, wash cars, take care of household daily life, or help with store work. Otherwise, it will violate the provisions of Article 57, paragraph 3, of the Employment Service Act. , will be fined not less than NT$30,000 but not more than NT$150,000.
Employers or care recipients are not allowed to threaten migrant workers with dismissal or other reasons to require inappropriate physical contact or behavior with migrant workers. Violators will be subject to the following penalties.
According to the description of the crime of obstructing sexual autonomy in Chapter 16 of the Criminal Law: (1). Men and women who have sexual intercourse by force, coercion, intimidation, hypnosis or other methods against their will shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Those with aggravating circumstances shall be sentenced to life imprisonment. (2). Men and women are also not allowed to engage in sexual intercourse or obscene acts with others, and those who induce, harbor or mediate them for profit shall be sentenced to fixed-term imprisonment of not more than five years and may be fined not more than 100,000 yuan. (3). For detailed regulations and penalties related to sexual assault, please refer to Chapter 16 of the Criminal Law, Crimes of Impairing Sexual Autonomy.
Air tickets
The migrant workers are responsible for paying their own air tickets to Taiwan; the contract lasts for three years. When the contract is completed, the employer must pay for the migrant workers' return air tickets to return to their place of origin. If the contract is terminated midway, the return air ticket will be borne by the migrant worker. When the employer terminates the contract due to force majeure (such as the death of the person being cared for, poor economic conditions, immigration, etc.), the migrant worker can stay in Taiwan and apply for switching to another employer. Otherwise, the air ticket fee for repatriation to the place of origin will also be borne by the employer. Employer's burden.
Working hours
The working hours of manufacturing workers are subject to company regulations, but must not violate the provisions of the Labor Standards Law. Domestic labor contracts do not specify the working hours of migrant workers, but employers should reasonably provide migrant workers with adequate work and rest time and 8 hours of sleep per day.
Choose your agency carefully
Some small agency companies or outsourcing agents attract employers with ultra-low prices. In many cases, such companies or individuals fail to provide good services or do not provide any training to migrant workers. Guaranteed agency companies should charge reasonable introduction fees and provide migrant workers with housework, nursing and other training.
Holidays available to migrant workers
Migrant workers should have one day off per week. In addition, when they work for one year and renew for another year, they can enjoy 7 days of special leave. If a migrant worker takes leave due to illness, the employer should grant him sick leave, which shall not exceed 30 days in a year. Distributed at half discount.
Regular physical examination
In order to protect the health of the people, the Department of Health stipulates that all migrant workers coming to Taiwan must undergo regular physical health examinations. Only those who pass the test can enter Taiwan and be issued a work residence permit: The current government stipulates that the first health examination must be done within 3 days of entry, and every subsequent Migrant workers must go to the hospital prescribed by the Department of Health for regular physical examinations at 6, 18 and 30 months. The medical examination fees shall be borne by the migrant workers themselves. [Effective from January 15, 1993]
overtime pay
According to the provisions of the labor contract, one day out of seven working days for migrant workers is a holiday. If they cannot take a holiday, the employer shall pay additional expenses to the migrant workers.
The amount of family overtime pay is the monthly salary divided by 30, and the result is one day's salary. Family overtime pay is calculated on a daily basis. Overtime pay in the manufacturing industry is stipulated in the Labor Standards Act.
Migrant workers join national health insurance
cost
Calculating in and out - adding insurance will count the whole month's expenses in the month of entry, and surrendering the policy will not count the health insurance premiums in the month of surrender.
There will be late fees for late payment. Employers are requested to pay on time.
The outpatient registration fee and part of the burden shall be paid by the migrant workers themselves.
Migrant workers join accident insurance
In accordance with the provisions of the Employment Service Act, the Labor Standards Act and the employment contract, employers should assist migrant workers in purchasing accident insurance.
Since Taiwan's current national health insurance is medical insurance, accidental death is not included in the scope of claims. Therefore, employers can help migrant workers purchase additional accident insurance to avoid risks.
The accident insurance coverage period is one year.
The accident insurance limit is NT$300,000, and the annual premium is approximately NT$498.
Leave regulations
General provisions
According to the labor contract, one day out of seven working days for migrant workers is a holiday.
Employers are not required to pay additional overtime pay on national holidays.
When domestic migrant workers do not go out for vacation and work on holidays, their employers should pay overtime pay. Overtime pay for migrant workers in the manufacturing industry is stipulated in the Labor Standards Act.
If migrant workers want to take leave and go out, they should fill out a leave request form and get the employer's consent and signature before going out. Migrant workers in the manufacturing industry must comply with company regulations.
When migrant workers go on vacation, they should inform their employer of their whereabouts and return to their employer's home before 8 p.m.; migrant workers in the manufacturing industry must comply with company regulations.
If a migrant worker wants to take leave to return to his country, he should inform his employer two weeks in advance and obtain the employer's consent, and he should bear any expenses incurred.
According to the provisions of the labor contract, migrant workers cannot take more than 30 days of sick leave per year.
Generally speaking, the holidays for migrant workers are Sundays, but employers can adjust the holidays if there are special circumstances, and migrant workers have no objection.
special leave
If a migrant worker has worked in Taiwan for more than one year and has been extended, his employer shall grant him seven days of special leave.
If migrant workers want to take advantage of the special leave to return home to visit relatives, the migrant workers will be responsible for their own round-trip air tickets and other related expenses.
If a migrant worker does not return to the country to visit relatives during the special leave period, he or she is not allowed to take seven consecutive days of leave in Taiwan.
During the special leave period, the employer shall still pay the migrant workers wages; if the migrant workers do not return to the country to visit relatives during the special leave period, the employer shall pay an additional seven days of overtime pay.
What are the special annual leave provisions for foreign caregivers and domestic helpers?
According to the labor contract signed between the employer and the foreign worker, after the foreign caregivers and helpers have served for one year, the employer shall grant them seven days of special leave every year, and the wages will be paid during the special leave. Generally speaking, if foreign caregivers and domestic helpers take special leave but do not take it, they will be compensated one day of overtime pay. At the expiration of the three-year contract, if neither the foreign caregiver nor the domestic helper has taken special leave, the foreign caregiver and domestic helper will have 14 days of special leave that they should have taken but have not taken, and the employer shall pay overtime pay. In addition, because foreign caregivers and domestic helpers have three-year contracts, when the foreign caregivers and domestic helpers return to Taiwan after the expiration of three years and come to work in Taiwan again, their annual leave should be accrued again. If the employer fails to provide overtime pay for the special leave that should have been taken but has not been taken, if the foreign caregivers and domestic helpers complain to the Labor Bureau or at the airport, the complaint will be based on the back wages.
Return home leave regulations
If a migrant worker wants to return to his hometown during the period of employment, he should apply for leave from his employer two weeks in advance (except in emergencies), and he can only take leave after the employer approves the leave.
Migrant workers should go to the police station to apply for a re-entry and entry certificate (which will be handled by our company) before returning home and leaving the country. Those who fail to do so will not be allowed to re-enter.
The air tickets and related expenses incurred by the migrant workers when they return home for vacation shall be borne by the migrant workers themselves.
When migrant workers return home to visit relatives, they must not require their employers to refund withholding taxes in advance.
Migrant workers return home after expiration of work period
Before leaving the country at the end of the working period, migrant workers should go to the tax authorities to pay taxes before leaving the country.
Before the migrant workers leave the country at the end of their working period, the employer should settle the deposit and hand it over to our company, which will be handed over when the migrant workers leave the country at the airport.
Before domestic migrant workers leave the country after their work period expires, employers should first go to the telecommunications bureau to inquire about the international phone charges, so as to avoid having no way to recover after the migrant workers return to the country.
Overweight baggage charges shall be borne by the migrant workers themselves.
General requirements for employment
According to the provisions of the Employment Service Law: Except for (1) the death of the person being cared for (the condition of the person being cared for improves) (2) the economic situation of the employer is poor, if the employer encounters unqualified migrant workers, he should report to the local labor bureau in advance. Verification of contract termination and repatriation of incompetent migrant workers to the country for replacement procedures. This agency procedure is one of the company's services.
Employers are not allowed to arbitrarily repatriate migrant workers they hire without justifiable reasons.
If the following circumstances occur to a migrant worker, the employer may request to terminate the employment contract with the migrant worker:
Work period expires.
Refuse reasonable orders, instructions and supervision from the employer.
Not working hard.
Fraud or misconduct.
Refusal to work without valid reasons.
Get married or become pregnant while employed.
Working part-time outside the home.
Stealing or illegally possessing employer property.
Those who violate work rules and are issued three warning letters witnessed by the agency.
Other acts that violate the laws of the Republic of China.
From a humanitarian standpoint, employers must not have the following circumstances occur, otherwise migrant workers may also request to terminate the employment contract with the employer:
Inhumane treatment or serious humiliation by the employer or his/her family members.
Sexually assaulted by the employer or his or her family members.
The employer arbitrarily assigns the employee to work in a residence not specified in the contract.
The employer assigns it to others at will.
Other unequal treatment that seriously violates laws and regulations.
When an employer repatriates a migrant worker for any reason, the employer should require the migrant worker to sign a cut-off letter.
Labor laws in Chinese
勞動法規-雇主常見違反之法條
1.違反就業服務法第57條第3款：指派所聘僱之外國人從事許可以外之工作。
2.違反就業服務法第57條第4款：未經許可，指派所聘僱從事第46條第1項第8款至第10款規定工作之外國 人變更工作場所。
3. 非法扣留或侵占所聘僱外國人之護照、居留證件或財物。 7. 未依「外國人生活管理計畫書」執行者。
貼心小叮嚀
在就業服務法第57條以及『外國人從事就業服務法第四十六條第一項第八款至第十一款工作資格及審 查標準』中明文規定，家庭幫傭主要是在家庭內從事房舍清理、食物烹調、照料家庭成員起居或其他與家 事服務有關的工作；而家庭看護工則是在家庭內從事病患、身心障礙者的日常生活照顧相關事務工作。
兩者之間的工作範圍有別。在此需貼心提醒您，千萬別指派「看護工」從事全戶打掃、洗車、照料家 戶生活起居的工作，或幫忙店面的工作，否則將涉違反就業服務法第57條第3款規定，會受新臺幣3萬元以 上15萬元以下罰鍰。
雇主或是被照顧者不得以威脅移工要予以解聘等理由，要求與移工發生不當的肢體碰觸或是行為 ，違者將得處以下述各項刑罰。
依據刑法第十六章妨害性自主罪之說明： (1). 對於男女以強暴、脅迫、恐嚇、催眠術或其他違反其意願之方法而為性交者，處三年以上十年以下有期 徒刑。有加重情形者處無期徒刑。 (2). 亦不得使男女與他人為性交或猥褻之行為，而引誘、容留或媒介以營利者，處五年以下有期徒刑，得併 科十萬元以下罰金。 (3). 詳細有關於性侵害相關規範及罰則請參照刑法第16章妨害性自主罪。
機票
移工來台機票由移工自行負擔；合約為期三年，完成合約時雇主須支付移工回程機票返回原居地。若是中途解約，其回程機票費由移工自行負擔。雇主因不可抗拒之原因（如：被照顧人死亡、經濟狀況不佳、移民等）導致合約終止時，移工可留台申請轉換另一位僱主，否則其遣返原居地之機票費亦由雇主負擔。
工作時間
製造業勞工其工作時間依公司規定，但不得違反勞基法規定。家庭類勞動契約上並無明列移工的工作時間，但雇主應合理地提供移工足夠的作息時間及每天8小時的睡眠。
小心選擇仲介公司
部份小型仲介公司或是跑單幫者以超低價收費吸引雇主，很多時候這類公司或個人都不能提供良好的服務，或沒有對移工實施任何訓練。有保障的仲介公司應收取合理的介紹費用，同時應對移工提供家事、護理等訓練。
移工可享有的假期
移工每星期應有一天的假期，另外當工作滿一年後續約一年時可享有特別休假7天；若移工因病請假，雇主應給予病假，一年不得超過30天，其薪資折半發給。
定期體檢
為保障國人健康，衛生署規定所有來台移工皆須定期接受全身健康檢查，合格者始得入境台灣並核發工作居留證：目前政府規定入境3日內須做第一次健康檢查，爾後第每六、十八、三十個月需至衛生署規定之醫院辦理定期體檢，體檢費用由移工自行負擔。【民國九十三年一月十五日起實施】
加班費
依據勞動契約之規定，移工工作七天中有一天為休假日，若未能休假則雇主應額外給付移工之費用。
家庭類加班費給付金額為月薪除以三十，所得之即為一日之薪資。家庭類加班費以日薪計算。製造業加班費則依勞基法規定。
移工加入全民健保
費用
算進不算出-加保算入境當月整月份費用，退保不計退保當月健保費。
逾期繳費會有滯納金，請雇主按時繳費。
門診掛號費及部分負擔費用由移工自行繳納。
移工加入意外險
依據就業服務法、勞動基準法及聘僱契約之規定，雇主應協助移工投保意外保險。
因目前台灣之全民健保為醫療保險，意外死亡是不納入理賠範圍的，因此雇主額外幫移工投保意外險正可規避風險。
該意外險投保期間為一年。
投保意外險額度為NT$300,000，一年之保費約為NT$498元。
休假規定
一般規定
依據勞動契約規定，移工工作七天中有一天為休假日。
國定假日雇主無須額外給付加班費。
家庭類移工於休假日不外出休假且工作時，雇主應給付加班費。製造業移工加班費則依勞基法規定。
移工如欲請假外出，應填具請假單，經雇主同意簽名後始得外出；製造業移工則公司規定辦理。
移工外出休假時，應告知雇主去處，且於晚上八點前返回雇主家；製造業移工則公司規定辦理。
移工有事欲請假回國，應於事前二週告知雇主並經雇主同意，且應自行負擔其所衍生之任何費用。
依據勞動契約之規定，移工每年病假不得超過三十天。
一般而言，移工休假日為星期日，惟雇主若有特殊情況亦可調整休假日，移工不得有異議。
特別休假
移工在台工作滿一年且經展延者，雇主應給予七天之特別休假。
移工如欲利用特別休假回國探親，則其來回機票及衍生費用由移工自行負擔。
若移工於特別休假期間不返國探親，則不得在台外出連休七天假。
特別休假期間雇主仍應給付移工薪資；移工於特別休假期間不返國探親，則 雇主應額外給付七天之加班費。
外籍看護及幫傭的年假特休規定為何？
依據雇主與外籍勞工簽訂的勞動契約中規定，外籍看護與幫傭於服務滿一年後，雇主應給予每年特別休假七日，特別休假期間薪資照給。一般來說外籍看護與幫傭其特別休假應休而未休，則補給一日加班費。在合約三年期滿時，外籍看護工與幫傭都未休特別休假的話，則外籍看護與幫傭就有應休而未休的特別休假14天，雇主應給付加班費。 另外，因為外籍看護與幫傭都是屬於三年一簽的契約，因此當外籍看護與幫傭在三年滿期回國後，再次來台工作時，其年假規應則重新累計。如果雇主未給予應休而未休的特休加班費，外籍看護與幫傭投訴勞工局或是在機場投訴的話，也將會以積欠薪資來成立投訴案件。
返鄉休假規定
移工於聘僱期間內欲返鄉，應於兩週前向雇主請假（緊急狀況者除外），雇主准假後始得為之。
移工返鄉離境前應至警察機關辦理重出入境證明（由本公司代辦），未辦理者將不得再入境。
移工返鄉休假之機票款及其衍生之相關費用由移工自行負擔。
移工返鄉探親時不得要求雇主先行退還預扣稅款。
移工工作期滿返鄉
移工工作期滿離境前，應先至稅務機關辦理完稅始得離境。
移工工作期滿離境前，雇主應將存款結清，交由本公司，待移工於機場離境時交付。
家庭類移工工作期滿離境前，雇主應先行至電信局查詢有關國際電話費之費用，以免移工回國後追討無門。
行李超重費由移工自行負擔。
聘僱一般規定
依據就業服務法之規定：除（1）被照顧人死亡（被照顧人病情好轉）（2）雇主經濟狀況不佳外，雇主若遇不適任之移工，應向當地勞工局報備提前解約驗證，並將不適任之移工遣返回國，以辦理遞補手續，該代辦之手續為本公司之服務項目之一。
雇主無適切之理由不得任意將所聘僱之移工遣返回國。
移工若有下列情事發生，雇主可要求終止與移工間之聘僱契約：
工作期滿。
拒絕雇主合理之命令、指示與督導。
工作不勤奮。
詐欺或行為不檢。
無正當理由拒絕工作。
受僱期間結婚或懷孕。
在外從事兼職工作。
偷竊或非法佔有雇主物品。
違反工作規則，經仲介公司見證核發三次警告函者。
其他違反中華民國法令之行為。
基於人道立場，雇主不得有下列情事發生，否則移工亦可要求終止與雇主間之聘僱契約：
雇主或其家屬施以不人道待遇，或重大侮辱事件。
雇主或其家屬予以性侵犯。
雇主任意將其調派至非契約規定之住所工作。
雇主任意將其派予他人使用。
其它重大違反法令之不平等待遇。
雇主因故遣返移工時，應要求移工具結簽立切結書。
Comments
Post a Comment