收移工服務費須符合「三條件」 勞動部:違法仲介最重停業1年 | Migrant workers charged for service fees pending on 3 conditions

The Ministry of Labor (勞動部) reminds manpower agencies that when collecting service fees from migrant workers, there are three following conditions that ought to be met: a signed contract must exist, with the fact of service and no advance payment is allowed. (photo courtesy/shutterstock)

因語言、文化的不同,移工工作及生活上多由仲介公司協助及安排。勞動部公告提醒,仲介公司向移工收取「服務費」,必須符合「有簽約」、「有服務事實」、「不得預先收取」等三項條件,仲介公司若違反規定,除罰鍰外,最重可停業1年。

Due to differences in language and culture, most migrant workers depend on manpower agencies to arrange all kinds of issues they encounter in their daily lives.

The Ministry of Labor (勞動部) has reminded manpower agencies, however, that there are three conditions that ought to be met when collecting service fees from migrant workers: a signed contract must exist, with the fact of service and no advance payment is allowed.

In addition to a fine, agencies that violate such regulations could face suspension of their business for up to one year, said the ministry.

依據私立就業服務機構收費項目及金額標準,仲介公司依法僅能按月向移工收取「服務費」,第1年、第2年、第3年每月收取服務費分別不得超過新臺幣1,800元、1,700元、1,500元。

According to current laws and regulations, agencies can only charge migrant workers a “monthly service fee”, which shall not exceed NT$1,800, NT$1,700 and NT$1,500 for the first, second and third year respectively.

至於移工在臺工作3年期滿後,不論原雇主願意續聘或轉由新雇主聘僱,受委託辦理期滿續聘或轉聘作業的仲介公司,得向雇主或新雇主收取仲介費,金額合計不得超過移工第1個月薪資。

After the migrant worker has worked in Taiwan for three years, he/she can renew the contract with the current employer or transfer to a new employer.

No matter in which case, the agency commissioned to handle the re-employment or transfer of the worker may charge the employer or the new employer an agency fee, the total amount of which shall not exceed the first month’s salary of the migrant worker.

對於移工則不得再收取仲介費,只能收取服務費,金額在第3年以後每個月不得超過新臺幣1,500元。

No agency fees shall be charged from migrant workers for the re-employment or transfer of work. Only a service fee shall be charged, which shall not exceed NT$1,500 per month after the third year.

勞動部強調,仲介公司若以協助移工期滿媒合新雇主的名義向移工收取仲介費已屬違法,勞動部將持續協同各地方政府積極查處仲介公司收費情形。

The ministry stresses that it would be a violation of the law for an agency to collect agency fees from migrant workers in the name of matching them with new employers.

In cooperation with the local governments, the ministry promised to continue investigating any violation of the law as described above.

如查有違規收取規定以外費用,將依法處10倍至20倍的罰鍰、停業或不予換證等處分。

Those found overcharging migrant workers could be punished with fines ranging from 10 to 20 times the amount of fees charged, suspension of business, or denied renewal of certificates.