The foreign worker can change employers
If the original employer, the foreign worker and the new employer reach an agreement, the foreign worker can change employers.
In the future, after the original employer, the foreign worker and the new employer reach an agreement, the foreign worker can change employers, greatly shortening the waiting period for foreign workers to switch to a new employer, and also allowing employers who need to supplement manpower to receive immediate support. This measure is expected to be as early as next year. Started.
The Labor Committee stated that in order to protect the rights and interests of foreign workers in Taiwan, reduce the rate of foreigners unable to switch, and shorten the time for foreign workers to change employers or work administrative procedures, relevant regulations are being revised. In the future, the original employer, foreign workers, and new employers will After reaching an agreement, you can go to the Labor Committee to apply for conversion, which simplifies the current process of conversion after being announced by the Employment Service Center. At the same time, the restriction that foreign workers are not allowed to transfer across regions has been lifted, and the current regulation that foreign workers can change employers is limited to 3 times and a maximum of 6 times has been changed to a maximum transfer period of no more than 60 days.
In order to increase the opportunities for foreigners to change employers, except for current foreign workers who are subject to personal safety persecution or other special circumstances and are required to change employers across industries, those who hold a recruitment permit letter or have the qualifications to apply for hiring foreigners can continue to be hired in the future. Workers can switch employers freely across industries.
The Labor Committee stated that in order to fully disclose information on changing employers, it has started to build the "Foreign Workers Switching Employers Online Operating System and Labor-Employment Switching Database" and recently completed the "Foreigners Employed in Employment Services Act, Article 46, Item 1" Paragraphs 8 to 11 stipulate the "Criteria for Changing Employers or Work Procedures at Work" amendment notice process. It is expected that the amendments to the law will be completed by the end of this year and will be promulgated and implemented early next year. ?
Business Unit: Press Liaison Office
Issuing unit: Press Liaison Office
Release date: 2007-12-11
https://www.mol.gov.tw/1607/1632/1640/15408/
How should foreign workers request to change employers in 2023?
May 29, 2023 Phoenix Editor
According to Article 53, Paragraph 4 of the Employment Service Act...Migrant workers are not allowed to change employers or jobs. However, if a foreigner who complies with Article 59 of the Employment Service Act is employed to perform the work specified in Article 46, Paragraph 1, Items 8 to 11, and any of the following circumstances apply, he may change employers with the approval of the central competent authority. or work:
1. The employer or the person being cared for has died or immigrated.
2. The ship is impounded, sunk or repaired and unable to continue operations.
3. The employer closes the factory, goes out of business, or fails to pay work remuneration in accordance with the labor contract and terminates the labor contract.
4. Other reasons that cannot be attributed to the foreigner employed.
The fourth point among them is other reasons that cannot be attributed to the foreigner employed,
If a foreign worker wants to change employers or jobs for reasons that are not attributable to him, and the employer does not agree, the two parties must negotiate and follow labor dispute procedures. If a foreign worker forces his employer to agree to change employers by sabotaging work, and if found to be true, the Ministry of Labor will revoke his employment permit in accordance with the law and order him to leave the country within a time limit.
If a foreign worker wants to change employers or jobs due to reasons that are not attributable to him or her, the employer should apply for transfer registration for the migrant worker in accordance with the restrictions. If the migrant worker cannot be successfully re-employed by the new employer within the transfer period, the employer will be fined more than NT$60,000. A fine of less than 300,000 yuan will be imposed, and the Ministry of Labor will revoke the recruitment license and employment license.
If a foreign worker wants to change employers or jobs due to non-attributable reasons, but the employer needs to continue to employ foreign workers, but the foreign worker requests to change employers, the employer can first apply to the Ministry of Labor to temporarily suspend the employment of foreign workers. It is permitted to change employers. With the approval of the Ministry of Labor, the employer can register the employer change with the local public employment service agency for foreign workers.
https://www.phoenixtrade.com.tw/2023/05/29/2023052900/
Agents are not allowed to charge agency fees from migrant workers when they renew their employment or change employers.
Published by: Transnational Workforce Management Group
Release date: 106-04-26
Inspection date: 106-09-15
Click popularity: 93082
Article 52 of the Employment Service Law has abolished 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 by a new employer. 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 collect services from 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. 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.
https://www.wda.gov.tw/News_Content.aspx?n=31&s=3211
原雇主、外勞及新雇主三方合意，外勞即可轉換雇主
未來原雇主、外勞及新雇主三方合意後，外勞即可轉換雇主，大幅縮短外勞轉換新雇主的等待期，也讓需要補充人力的雇主能即時獲得支援，這項措施預計最快明年開始實施。
勞委會表示，為保障外勞在臺工作權益、降低外國人無法轉換之比率及縮短外勞轉換雇主或工作行政作業時間，刻正進行相關法規修正，未來原雇主、外勞及新雇主三方合意後，即可至勞委會辦理轉換申請，簡化目前由就業服務中心進行公告後，方可轉換之程序。 同時取消外勞不得跨區轉換之限制，並將現行外勞轉換雇主作業以3次為限、最多6次之規定，改為轉換期間最長不得超過60日。
又為增加外國人轉換雇主機會，除現行外勞遭受人身安全迫害或其他特殊情形得跨業轉換雇主外，未來持有招募許可函或具有申請聘僱外國人資格者均可接續聘僱，外勞得跨業自由轉換雇主。
勞委會表示為充分揭露轉換雇主資訊，已著手建置「外籍勞工轉換雇主網路作業系統及勞雇轉換資料庫」，近日已完成「外國人受聘僱從事就業服務法第46條第1項第8款至第11款規定工作之轉換雇主或工作程序準則」修法預告程序，預計今年底完成修法工作並於明年初發布實施。 ?
業務單位:新聞聯絡室
發布單位:新聞聯絡室
發布日期:2007-12-11
https://www.mol.gov.tw/1607/1632/1640/15408/
2023外勞要求轉換雇主該如何處理?
29 5 月, 2023 鳳凰 小編
依就業服務法第53條第4項規定….移工不得轉換雇主或工作。但若符合就業服務法第 59 條外國人受聘僱從事第四十六條第一項第八款至第十一款規定之工作，有下列情事之一者，經中央主管機關核准，得轉換雇主或工作：一、雇主或被看護者死亡或移民者。二、船舶被扣押、沈沒或修繕而無法繼續作業者。三、雇主關廠、歇業或不依勞動契約給付工作報酬經終止勞動契約者。四、其他不可歸責於受聘僱外國人之事由者。
其中第四點、其他不可歸責於受聘僱外國人之事由者,
如果外勞有不可歸責事由想要轉換雇主或工作，而雇主不同意，雙方得進行協商，並循勞資爭議處理程序處理。如果外勞以怠工方式，迫使雇主同意轉換雇主，經認定屬實，勞動部將依法廢止其聘僱許可，並令限期出國。
如果外勞有不可歸責事由想要轉換雇主或工作,雇主應依限為移工辦理轉換登記,若未能於轉換期間內順利由新雇主接續聘僱，將處雇主新臺幣6萬元以上30萬元以下罰鍰，勞動部並將廢止招募許可及聘僱許可。
如果外勞有不可歸責事由想要轉換雇主或工作,但雇主有繼續聘僱外勞的需要，但外勞要求辦理轉換雇主，這時候雇主可以先向勞動部申請外勞暫不廢止聘僱許可轉換雇主，經勞動部同意後，雇主就可為外勞移工向當地公立就業服務機構辦理轉換雇主登記。
https://www.phoenixtrade.com.tw/2023/05/29/2023052900/
期滿續聘或轉換雇主，仲介均不得向移工收仲介費
發布單位：跨國勞動力管理組
發布日期：106-04-26
檢核日期：106-09-15
點閱人氣：93082
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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