Agencies are not allowed to charge additional agency fees for re-employment or transfer of foreign workers upon expiration.

Article 52 of the Employment Service Act has canceled the requirement for foreign workers to go abroad for one day every three years. Foreign workers who have worked in Taiwan for three years do not have to go abroad for one day and can be re-employed by their original employer or The new employer continues to hire.  The Ministry of Labor recently revised the "Charging Items and Amount Standards of Private Employment Service Agencies", clarifying that when foreign workers are renewed or transferred upon expiration of their term, if an agency is entrusted to assist in the relevant procedures, the entrusted foreign labor agency can charge services to the foreign workers. The amount of fees shall not exceed NT$1,500 per month.
 The Ministry of Labor explains that after a foreign worker has worked in Taiwan for three years, if the original employer is willing to re-employ him or if the original employer fails to re-employ him, he will be re-employed by a new employer. The employer charges registration fees and introduction fees (usually collectively referred to as agency fees), and the total amount shall not exceed the first month's salary of the foreign worker; foreign workers are no longer allowed to charge agency fees, and can only charge service fees, and the amount shall be calculated every year after the third year. The monthly payment cannot exceed NT$1,500, and no advance payment is allowed.
 The Ministry of Labor emphasized that if an agency charges agency fees from foreign workers in the name of assisting foreign workers to match new employers after their term has expired, it is illegal. Regardless of whether it is returned or not, a fine of 10 to 20 times will be imposed in accordance with the law, and a period of 1 year will be imposed. The following suspension of business and license expiration will not be punished by renewal. Intermediaries should abide by legal provisions to avoid being punished.  The Ministry of Labor recommends that if employers or foreign workers are overcharged by an agency, they can keep relevant evidence and report it to the Ministry of Labor or the labor affairs unit of the municipality or county government where the agency operates. If the agency is found to be true, hefty fines will be imposed. , in order to correct the order of the human agency market.  If you have any questions about the fees charged by the agency, you can contact the Telephone Customer Service Center of the Ministry of Labor (Tel: 02-89956000) or the 1955 hotline.  


外勞期滿續聘或轉聘 仲介不得收取額外仲介費

就業服務法第52條已取消外籍勞工3年出國1日規定,外籍勞工在臺工作滿3年不必出國1日,得由原雇主續聘或 新雇主接續聘僱。勞動部近期修正「私立就業服務機構收費項目及金額標準」,明定外籍勞工期滿續聘或期滿轉聘時,若委託仲介機構協助辦理相關手續,受託的外勞仲介機構 得向外籍勞工收取服務費用,金額每月不得超過新臺幣1,500元。
 勞動部說明,外籍勞工在臺工作3年期滿後,原雇主願意續聘或原雇主未續聘由新雇主接續聘僱,受委託辦理期滿續聘或轉聘作業的仲介機構,得向雇主或新 雇主收取登記費及介紹費(通常合稱仲介費),金額合計不得超過外籍勞工第1個月薪資;對於外籍勞工則不得再收取仲介費,只能收取服務費,金額在第3年以後每 個月不得超過新臺幣1,500元,且不得預收。
 勞動部強調,仲介機構若以協助外籍勞工期滿媒合新雇主的名義向外籍勞工收取仲介費,屬於違法的行為,無論有無返還,將依法處10倍至20倍的罰鍰、1年以下 停業和許可證到期不予換證處分,仲介機構應確實遵守法律規定,以免受罰。勞動部建議,雇主或外籍勞工若有遭仲介機構超收費用情事,可保留相關事證向勞動部或 仲介機構營業所在地之直轄市或縣市政府勞政單位檢舉,經查證屬實後將予以重罰,以導正人力仲介市場秩序。對仲介機構收費內容如有任何疑義,可洽勞動部電話客服中心( 電話:02-89956000)或1955專線詢問。

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