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As a migrant worker, is it okay to use my vacation time to work to earn a little extra money?
2019/12/18
Ati, a foreign migrant worker, works as a factory operator. A friend from his hometown who escaped told him that the Indonesian restaurant where he now works is short of manpower and is recruiting people. After hearing this, Artie wanted to say that he had a legal status. If he used his vacation time to work in an Indonesian restaurant and earn a little extra money to send money home, there should be no problem, right? 1. Can foreign migrant workers work in their free time? Many foreign migrant workers believe that as long as they are legally applying to work in Taiwan, and are not running away as foreign workers or coming to Taiwan with a tourist visa, then there should be no problem in doing odd jobs in their free time after working legally. of. But in fact, Taiwan's policy thinking is to treat foreign workers as substitute manpower, and should not exclude local people from employment opportunities. In the Employment Service Law, the employment and management of foreigners are strictly stipulated. If an employer wants to hire foreigners, they must submit an application in accordance with formal procedures and obtain a license from the Ministry of Labor before they can hire foreign migrant workers.
Foreign migrant workers cannot work without an employer applying for a permit. Foreign migrant workers who are already working under the name of an employer can only work within the scope of the work permit project issued by the Ministry of Labor, and cannot go to other places other than the permit. employment unless formal procedures are followed to change employers.
In addition, some foreign migrant workers will consider working part-time while they are waiting to change employers because they have no income at all during this period. However, even if they just go to another workplace to help for a day to earn extra money, it is against the law.
For example, Arti's work permit project is for factory operators. He can only work as an operator in the factory he is applying for. He cannot work in Indonesian restaurants to help during off-duty hours, nor can he go to the farm to help pick fruits or sell clothes online. Neither can. Once foreign migrant workers engage in work other than permitted projects, it is illegal. 2. What will happen if you are caught working anyway? If foreign migrant workers are reported and found to be working illegally, the employer who employs them illegally will be fined 150,000 to 750,000 yuan in accordance with the Employment Service Act, and the employment permit will also be revoked. As for foreign migrant workers, they will be fined 30,000 to 150,000 yuan, and their legal employment permits will be revoked by the Ministry of Labor, and they will be repatriated to their home country within 14 days from the date of issuance of the cancellation letter. The consequences are quite serious and should not be done carelessly. Reprinted from Legal Encyclopedia
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移工合法的身分，利用休假時間打工多賺一點外快，可以嗎?？
2019/12/18
外籍移工阿蒂在工廠擔任作業員，他有一個逃跑的同鄉朋友告訴他，他現在在工作的印尼餐廳人手不夠在徵人。阿蒂聽完想說自己是合法的身分，如果利用休假時間去印尼餐廳打工，多賺一點外快寄錢回家，這樣應該沒有問題吧？1.外籍移工是否可以在空閒時間去打工？有許多外籍移工認為，只要自己是合法申請來臺工作的身分，不是逃跑外勞或是拿觀光簽證來臺打工者，那麼在自己合法工作之餘的空閒時間去打零工，應該是沒有問題的。但其實臺灣政策的思維是將外籍勞工當作替補性人力，應以不排擠本國人就業機會為主，在就業服務法中，嚴格規定外國人的聘僱與管理。如果雇主要聘僱外國人，必須根據正式程序提出申請，經勞動部核發許可後才能聘僱外籍移工。
沒有雇主申請到許可，外籍移工不能從事工作，而已經在某一雇主名義下工作的外籍移工，只能在勞動部核發的工作許可項目範圍內從事工作，不能再到許可以外的其他地方工作，除非經過辦理轉換雇主的正式程序。
另外，有些外籍移工在等待轉換雇主的期間內，因為這段期間完全沒有收入，也會考慮要去打工，但即使只是到別的工作場所幫忙一天賺外快，也都是違反法令之舉。
像阿蒂的工作許可項目是工廠的作業員，就只能在所申請工廠從事作業員的工作，不能在下班時間到印尼餐廳打工幫忙，也不能到農場幫忙採收水果，在網路上賣衣服也不可以。外籍移工一旦從事許可項目以外的工作，就屬於違法。2.如果還是去打工了，被抓到會怎麼樣？外籍移工如果打工遭檢舉被發現，違法雇用之雇主將依就業服務法被處以15萬至75萬的罰鍰，還會被廢止聘雇許可。至於外籍移工，則會被處以3萬至15萬的罰鍰，並且會被勞動部廢止合法的聘僱許可，自廢聘函發文日起的14天內會被遣返回母國。後果相當嚴重，不可不慎。轉載自 法律百科
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