On 29 June 2011, Taiwanese Council of Labour Affairs (CLA) decided to make a change in an employment measure to require a foreign worker, a former employer, and a new employer to sign an agreement if the worker wishes to change an employer. The revised measure, which came into effect on 1 July 2011, provides better protection to all parties and prevents an employer to take an advantage on foreign workers.
Fu Hui-chih, a foreign worker management section chief at the CLA, said the CLA made the change to give a clearer legal guideline for the transfer of employer. The previous measure did not state clear cut responsibility for both former and new employers, often leading to confusion. Under the revised measure, foreign workers will be better protected. All parties are required to act in compliance with the revised measure.
Fu Hui-chih said “if you (foreign worker) want to change an employer, you will need to sign an agreement before you start a new job. This will provide security for you. Nobody can deny the responsibility to you. You should also hold a copy of the agreement as proof of your employment history.”
The revised measure also prohibits both former and new employers to employ a foreign worker at the same time; an employer to transfer a foreign worker to work for another employer while he is hired by the employer; and a foreign worker to work for different employers at the same time in order to prevent employers to hire foreign worker more than their allotted quota – which is considered violating the rights of foreign workers. Failure to comply with the measure carries penalties including a fine of NT$ 60,000 – 300,000 in accordance with Section 57 of employment law.
