1. When foreign workers arrives in the country and is place in a government quarantine facility or home quarantine and is unable to work for reasons that cannot be attributed to either employer or employee, employers are not legally obliged to pay them. As such the two sides should come to an understanding as to whether salary will be paid. However, if a leave day mandated in the labor contract falls during the period of quarantine, because the foreign worker has no obligation to work on that day would still be paid, so the employer must pay for those days off. 2. According to Paragraph 1, Article 3 of the “Pandemic Prevention Compensation Measures for COVID-19 Quarantine / Isolation” foreign workers in quarantine can apply to the Ministry of Health and Welfare for pandemic prevention compensation for the days they did not receive a salary. They cannot claim compensation for those days they on which they were paid.
- Release date ：2021/08/11
- Update date ：2021/08/12
The employer-foreign worker relationship is effective from the day the worker arrives in Taiwan so in principle the employer is obligated to pay a salary. However, if the worker does not immediately report for work after arriving in the country, then if it is an industry category worker the matter should be dealt with according to the relevant provisions of the Labor Standards Act. Live-in foreign workers are dealt with based on the provisions of their labor contract and if there are no related stipulations the two sides should come to an agreement.
- Release date ：2021/08/11
- Update date ：2021/08/12
On July 2 live-in foreign workers who registered a transfer with a public employment service agency on or before June 6, had their transfer extended until Aug. 30. Other categories of foreign workers had their right to transfer employers and work restored on July 13. If foreign workers registered their transfer information on or before June 5 on the “Foreign Worker Employer Transfer Section” of the MOL’s “Information Site of Foreign Worker Rights Defense,” the transfer period remains valid and no new employer has hired the foreign worker, the employer transfer system will automatically add 60 days to the transfer period; Workers can visit the “Foreign Worker Employer Transfer Section” to check on the progress. The site is operated as follows: 1. Open you browser and type https://fw.wda.gov.tw in the address bar to access the “Information Site of Foreign Worker Rights Defense.” Click the “Foreign Worker Employer Transfer Section.” 2. After opening the “Foreign Worker Employer Transfer Section” page click “Search Transferring Foreign Worker Information.” 3. After accessing “Search Transferring Foreign Worker Information” input the personnel data of the foreign worker you want to get information on the ongoing transfer.
- Release date ：2021/08/11
- Update date ：2021/08/12
Yes. In this instance, although the former and latter employer are the same person, in employment continuation regulations if an employer terminates employment and then goes on to re-employ the same foreign worker legally speaking that employer is the “new employer.” Moreover, while the foreign worker is waiting for the transfer he or she might live elsewhere and so to ensure safety during the pandemic prevention period it is still necessary to arrange a COVID-19 PCR test according to the administrative interpretation issued by the ministry on July 13.
- Release date ：2021/08/11
- Update date ：2021/08/12
The impact on the validity of documents obtained by employers when applying to hire foreign workers by the June 6 temporary suspension of employer transfers is dealt with as follows: 1. An additional 30 days will be added to the validity of employee solicitation ads for various categories of foreign workers, documents required in Subparagraph 5, Paragraph 1, Article 16 of the Regulations on Permission and Administration of Employment of Foreign Workers, manufacturing industry grade certification letters, Agriculture, Forestry, Fishery and Animal Husbandry eligibility confirmation letters etc. 2. An additional 30 days will be added to the validity period of the evaluation date provided by medical facilities and teams that employ live-in caregivers and the recommendation date from long-term care centers when the care recipient is severely impaired. The documents an employer needs to apply for before hiring a foreign worker are required to ensure the employer is eligible to employ foreign workers and as such have nothing to do with foreign workers.
- Release date ：2021/08/11
- Update date ：2021/08/12
"The validity of documents obtained by home based employers when applying to hire foreign workers is impacted by the June 6 temporary suspension of employer transfers as follows:
1. An additional 30 days will be added to the validity period of evaluation dates provided by medical facilities and teams that employ live-in caregivers and recommendation dates from long-term care centers for severely impaired care recipients.
2. An additional 30 days will be added to the original validity of employee solicitation ads seeking live-in foreign home help."
- Release date ：2021/08/11
- Update date ：2021/08/12