Letter from the Ministry of Labor

• Address: 4th Floor, South Building, No. 439, Zhongping Road, Xinzhuang District, New Taipei City 24219
• Undertaken by: Huang Huicai
• Tel: 02-8995-6185
• Fax: 02-8995-6198
• Email: L7200016@wda.gov.tw
• Date of publication: October 25, 108, the Republic of China
• Document number: Labor Development Administration No. 1080507452
• Speed: Ordinary parts
• Classification and decryption conditions or confidentiality period:
• Attachment: As per the main purpose

Purpose: Please check the case regarding the principles for handling pregnancy of migrant workers during employment and their subsequent work rights.

illustrate:

1. 1. Based on the resolution of the Presidential Palace’s letter No. 10800079990 dated August 12, 2018, sent to the 36th Committee Meeting of the Human Rights Advisory Committee of the Presidential Palace on July 19, 2018.
2. 2. Legal provisions:
   • (1) Article 11 of the Gender Equality at Work Act stipulates that employers shall not treat employees differently in terms of retirement, severance, resignation and dismissal based on gender or sexual orientation. Work rules, labor contracts or group agreements shall not stipulate or stipulate in advance that an employee shall resign or remain employed without pay if he or she is getting married, pregnant, giving birth or raising children; nor shall this be used as a reason for dismissal.
   • (2) Article 73, paragraph 3 and 74 of the Employment Service Law (hereinafter referred to as this Law) stipulates that if a migrant worker’s employment relationship is terminated, his employment permit shall be revoked and he shall be ordered to leave the country immediately and shall not and then work within the territory of our country. Article 45, Paragraph 2, of the Measures for Employers’ Foreign Employment Licensing and Administration (hereinafter referred to as these Measures) stipulates that if a migrant worker leaves the country due to the termination of the employment relationship during the period of validity of the employment permit, the employer shall notify the local competent authority before the foreigner leaves the country. The local competent authority will explore the true intentions of the migrant workers and verify them (hereinafter referred to as termination verification).
   • (3) Paragraphs 1 and 2 of Article 58 of this Law and Paragraph 4 of Article 20 of these Measures stipulate that if a migrant worker leaves the country for reasons not attributable to the employer during the period of validity of the employment permit, the employer shall You must apply to this department for a supplement. If the migrant workers originally hired by the employer must postpone their departure abroad due to detention, execution of sentence, serious illness or other reasons not attributable to the employer, and subject to the approval of this department’s project, they may be introduced before the migrant workers originally hired leave the country. Or hire new migrant workers. Article 44 of these Measures stipulates that migrant workers are not allowed to stay with their dependents. However, this does not apply to those who give birth to children in my country during the period of employment and are able to support them.
   • (4) Article 59 of this Act and Article 11 of the Guidelines for Changing Employers or Work Procedures for Foreigners Employed in Employment Services Act, Article 46, Paragraph 1, Items 8 to 11 (hereinafter referred to as the “Change Guidelines”), If a migrant worker changes employer or job with the approval of this department, he or she must handle the change within 60 days in accordance with relevant regulations. However, if migrant workers have special circumstances and are approved by the central competent authority, the conversion period may be extended for 60 days, limited to one time.
3. 3. In order to protect the rights and interests of employers and migrant workers, the rights and interests of pregnant migrant workers during employment and subsequent work should be handled in accordance with the following regulations:
   • (1) Unilateral termination of the employment relationship is prohibited: When a migrant worker is pregnant, gives birth, etc., the employer is not allowed to terminate the employment relationship for the above reasons. If an employer forcibly repatriates a migrant worker, the migrant worker may file a complaint through the 1955 hotline or to the local government. When the local government accepts the employer’s termination verification application, it shall confirm to the migrant worker the true intention of terminating the contract and leaving the country. If any of the above-mentioned circumstances are discovered, the local government shall No verification of contract termination will be granted to protect the rights and interests of migrant workers. If the employer illegally and unilaterally terminates the employment relationship, has violated Article 54, Paragraph 1, Paragraph 16 of this Act and other violations of labor protection laws and regulations, the circumstances are serious, and the employer shall terminate or terminate the employment relationship in accordance with the provisions of Articles 54 and 72 of this Act. A license will be issued and the employer will be prohibited from applying for 2 years.
   • (2) Migrant workers may terminate their employment and change employers: both parties agree to terminate the employment relationship and the employment permit is revoked by this department, and the pregnant migrant worker has reasons that are not attributable to the stipulations in Article 59, Paragraph 1, Paragraph 4 of this Act, This department will allow migrant workers to change employers or jobs. In addition, if a migrant worker feels physically or mentally unwell during the period of changing employers, the migrant worker should submit a pregnancy diagnosis certificate or maternal health handbook issued by a medical institution and apply to the Department for a postponement of the change of employer. Upon approval by the Department, the period of the change of employer may be suspended. If the migrant worker wants to resume changing employers within 60 days from the end of the pregnancy, he should apply to the Ministry for renewal of the application to change employers within 10 days from the expiration date of the period in accordance with Article 50 of the Administrative Procedure Law, and the procedure shall be approved by the Ministry. , the conversion operation period may be extended for a further 60 days, and is limited to one time. Late applicants will not be allowed to apply for job renewal or change of employer, and must leave the country in accordance with regulations.
   • (3) Employers may hire new migrant workers: According to the provisions of Article 58 of this Law and Article 20, Paragraph 1 of these Measures, migrant workers need to go abroad or change employers and be hired by a new employer before they can apply to this department. Replace or introduce new migrant workers. Considering the employer’s employment needs, when a migrant worker needs to postpone his departure abroad for some reason and with the approval of the Ministry, the original employer has met the provisions of Article 20, Paragraph 4 of these Measures for reasons that are not attributable to the employer, and may introduce or hire new migrant workers. , and employers in the manufacturing industry, the number of persons shall be based on the work qualifications and examination standards (hereinafter referred to as the examination standards) Article 14-7, paragraph 1, paragraph 4, of the Foreign Employment Service Act, Article 46, Paragraph 1, Paragraph 8 to Paragraph 11 The proviso stipulates that the total number of foreigners employed shall not be included in the calculation, and shall not be included in the number of persons specified in Article 14-7, paragraph 1, paragraph 2, of the review standards.
   • (4) Placement of migrant workers: In order to protect migrant workers from placement issues arising from personal injuries, labor disputes, employer violations, etc., this department has stipulated Article 46, Paragraph 1, Paragraph 8 to Article 46 of the Employment Services Act Regarding the key points for temporary resettlement of foreigners stipulated in Paragraph 11, if the relevant migrant workers meet the above-mentioned key points for resettlement during their employment period, they may be placed in accordance with the regulations.

Original: Immigration Department of the Interior Ministry, Ministry of Health and Welfare, Taipei City Government, Kaohsiung City Government, New Taipei City Government, Taoyuan City Government, Taichung City Government, Keelung City Government, Hsinchu County Government, Hsinchu City Government, Miaoli County Government, Changhua County Government , Yunlin County Government, Nantou County Government, Chiayi County Government, Chiayi City Government, Taitung County Government, Tainan City Government, Lianjiang County Government, Penghu County Government, Yilan County Government, Kinmen County Government, Hualien County Government, Pingtung County Government, Chinese Islamic Association, Chinese Islamic Association Kaohsiung Mosque, Chinese Qineng Foundation Chunhui Qineng Center, Catholic Jesuit Taipei News Social Service Center, Catholic Church Social Charity and Welfare Foundation (Catholic Starfish International Service Center), Taiwan Catholic Church Hsinchu Diocese (Catholic Hope Workers Center), Taiwan Catholic Church Hsinchu Diocese (Immigration and Foreign Workers Service Center), Taiwan Catholic Church Hsinchu Diocese (Vietnamese Migrant Workers Immigration Office), Holy Family Catholic Church of Taiwan Province, Association for the Promotion of Quality Development of Labor Force of the Republic of China, Taiwan International Labor Association, Taiwan Labor Rights Concern Association, Taiwan Ten Thousand People Social Welfare Association, Asia-Pacific International Association for the Promotion of Human Rights at Work, Changhua County International Labor Care Association, St. Paul’s Cathedral, Indonesian Economic and Trade Representative Office in Taipei (Indian Labor Resettlement Center), Indonesian Economic and Trade Representative Office in Taipei (Indian Labor Resettlement Center Zhongli Branch Department), the Indonesian Economic and Trade Representative Office in Taipei (Taoyuan Branch of the Indian Labor Resettlement Center), the Indonesian Economic and Trade Representative Office in Taipei (the Ruiqing Branch of the Indian Labor Resettlement Center), the Indonesian Economic and Trade Representative Office in Taipei (the Indian Labor Resettlement Center) Taichung Branch)

Copies: Office of the Director of the Workforce Development Administration of the Ministry of Labor, Congressional Liaison Office of the Workforce Development Administration of the Ministry of Labor, Transnational Workforce Affairs Center of the Workforce Development Administration of the Ministry of Labor, Fayuan Information Co., Ltd. (Labor Law Inquiry System), Transnational Workforce of the Workforce Development Administration of the Ministry of Labor Management Team (Section 2, Section 4)