Go TO Content
勞動部因應疫情協助專區
Docking migrant workers’ wages? Fines of TWD 60,000 and up.
Publish Unit

Cross-Border Workforce Management Division

Publish Date

2020-08-18

Date of inspection

2021-11-11

HitCount

98


To protect the rights and interests of migrant workers, the law requires that employers pay migrant workers in full. If migrant workers encounter wage docking by their employer or overcharging brokerage fee by their employment agency, they can dial 1955 to reach the Labor consultant line to report their situation. The local competent authorities will investigate the matter in accordance with the law and strictly sanction any violations to the fullest extent of the law.

 

 According to the Workforce Development Agency, Ministry of Labor (WDA), the domestic labor market counts more than 700,000 migrant workers. Some unscrupulous employment agencies require employers to directly withhold their employment service fees from the migrant workers' wages for transfer to themselves, use fraudulent withholding methods, or add unclear loans and false deduction items. Whenever such behavior and damage to the rights and interests of migrant workers are found, the employer is fined TWD 60,000-300,000 and their employment permit will be revoked in accordance with Article 43 of the Regulations on the Permission and Administration of the Employment of Foreign Workers and Article 57, paragraph 9 of the Employment Service Act. In addition, the employment agency will receive a fine of 10-20 times the amount of overcharges found and risks the penalty of business suspension.

 

The WDA reminds employers that wage withholdings are not allowed except for specific fees listed in the law: national health insurance premiums, labor insurance premiums, income taxes, room and board charges, and contributions to employee benefits up to the amounts permitted by court verdicts, orders from administrative enforcement agencies, or laws and regulations. When an employer pays a foreign blue-collar laborer wages in accordance with the labor contract, a salary schedule printed in Chinese and the foreigner's native language must be attached to the contract and be handed over to the foreigner, who must keep it for five years.

Common illegal deductions from migrant workers’ wages withheld by employers on behalf of employment agencies include service fees, overseas loans, residence permit fees, and medical examination fees. These are not listed in the law and are therefore not permitted. The WDA calls on employers to not withhold any fees not listed in the law, to ensure that migrant workers can actually receive their due wages for work done and enjoy protection of their rights and interests. For queries regarding payment of migrant workers' wages, please visit the WDA website at https://www.wda.gov.tw/ or contact the 1955 Hotline for further information.