Employment Service Act Proposed Amendment: Employers in Manufacturing, etc., Must Pay Migrant Worker Recruitment Fees

The Legislative Yuan's Social Welfare and Health Environment Committee today invited the Minister of Labor, the Ministry of Economic Affairs, and the Council of Agriculture to give a special report and be questioned on "Preventing Forced Labor and Fair Recruitment: Taiwan's Migrant Worker System Aligning with International Human Rights and Supply Chain Governance." According to the Ministry of Labor's report, to assist enterprises in meeting international human rights standards and strengthening supply chain governance, amendments are proposed to the "Employment Service Act" regarding document retention regulations, completely prohibiting employers or brokers from retaining workers' passports, work permits, and other identification documents, or collecting deposits. Given the high international attention on fair recruitment practices for migrant workers in Taiwan's manufacturing and fishing industries, the amendments include a three-year timeframe for manufacturing and fishing employers to pay migrant workers' overseas recruitment fees and related expenses during the employment contract period, gradually aligning with international norms. The Ministry of Labor stated that as Taiwan is primarily composed of small and medium-sized enterprises, gradual adaptation is necessary, and the government will assist in guiding enterprises and supply chains to transform, providing a period for adjustment and necessary administrative support. Furthermore, the Ministry of Labor stated that it will guide intermediary agencies to make their fees transparent and reasonable, strengthen publicity, conduct regular inspections of migrant workers and agencies, and enhance enforcement through methods like annual evaluations. Minister of Labor Hung Shen-han stated that the Executive Yuan will discuss the draft amendment to the Employment Service Act this morning, and it will be sent to the Legislative Yuan for deliberation after the Executive Yuan passes it. The Ministry of Labor released the "Reference Guidelines for Enterprises Preventing Forced Labor" in February of this year, covering the International Labour Organization's (ILO) 11 indicators of forced labor and their implications, enterprise action plan frameworks, enterprise self-assessment items and reference documents, and a forced labor risk self-assessment form, to provide enterprises with methods for self-assessment and improvement, thus assisting enterprises in aligning with international fair recruitment standards. In addition, the Ministry of Labor and the Ministry of Economic Affairs have collaborated to hold multiple briefing sessions since March of this year to promote these guidelines, assisting enterprises from the source in understanding and aligning with international fair recruitment norms. (Editor: Huang Ming-hsi) 1150409