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DOL Stresses Key Steps to Hiring Foreigners: Ask, Check, Copy

Info session on hiring foreigners, related procedures, and things to look out for.Tom runs a snack stall at the night market. His popular stall is understaffed, forcing him to post a hiring notice. One day, a lady who claimed to be a foreign spouse turned up for an interview. Tom decided to hire her without checking her documents. One month later, officers from the National Immigration Agency showed up at the door and after checking the documents discovered that the newly hired was actually a missing migrant worker. Due to violations of the Employment Service Act, Tom got slapped with a fine of NT$150,000.
 
Like the aforementioned scenario, there are many small business owners who often run into trouble with the law due to their unfamiliarity with regulations on the hiring of foreigners and what documents to check. In light of this, the Department of Labor organized an information session on hiring foreigners targeting restaurant and eatery owners, commercial district stores, and staff from the Office of Commerce and Market Administration Office at the Wanhua Second Administration Building on October 28.
 
The session covered principles such as important steps to hiring foreign helpers, including “ask, check, and copy” and other details to look out for. The organizers hope that the info session will be helpful for those attending the event.
 
Labor Commissioner Chen Hsin-yu pointed out that there are foreigners who claim to be new immigrants or students during interviews. Employers often hire them without sufficient due diligence, only to find out they’ve violated the law later on. When considering hiring an applicant, the employer should check the original copy of the ARC and dependent household registration document. In the case of students, examine the original copies of the applicant’s student ID, ARC, and work permit. Upon verifying that the applicant is the person on the documents, the reason for residing in Taiwan, and any valid dates. Obtain a photocopy or take a picture of the docs as proof of due diligence on the part of employer.
 
Chen also warns about the misconceptions of applicants offering their service for free for a “probation period” will excuse the employer from violations. Even if the applicant isn’t paid, the act of performing labor service (cleaning floors, serving dishes, washing utensils, etc.) will violate Article 44 of the Employment Service Act.