萬國法律事務所

Taiwan’s Counsel of Labor Affairs (CLA) is working on amendments to the Regulations on the Permission and Administration of the Employment of Foreign Workers (Regulations) to emphasize and reinforce the employers’ responsibilities in the proper management of foreign labor.

The CLA has indicated that the original provision in the Regulations dealt only with sexual assault cases against foreign laborers who are engaged as household assistants or those who provide in-house nursing services. The Regulations did not cover foreign laborers in other industries. Articles 221 to 229 of the Criminal Code, which covers sexual offenses committed by any individual to whom the services are provided, or any of his/her relatives living together with him/her, applied to household assistants or those who provide in-house nursing services. In cases where households have victimized such laborers, the CLA may refuse to grant a permit for further or future employment of such laborers. However, this protection was not available to foreign laborers engaged in other industries, and this revision of the Regulations aims at rectifying this situation.

CLA Officials state that these amendments to the Regulations will expand the scope of the prohibition against sexual assault to the management level of ordinary enterprises, including the responsible person, manager, director or other supervisors in positions of authority. If any of the foregoing commits any sexual offence against a foreign laborer employed by the company, not only will the permit for employment of foreign labor be revoked, but further applications for permits for employment of foreign labor will also be refused.