Draft of Household Service Act, Workers’ Version
Drafting team: TIWA, Hope workers’ center, MCD, Stella Maris, CALL, St. Christopher Church.
Translated by：The Columbian JPIC Office; Version: 2004-08-12
Migrant Workers Concern Desk Eden See, Eden See; Version: 2006-07-27
Chapter I: General Provisions
Article 1: This Act is made especially for regulating the minimum standards of labor conditions to protect household workers’ rights. For matters not regulated by this Act, regulations stipulated in other laws applies.
Article 2: The terms used in this Act are defined as following:
1. Employee: This refers to a person, including a domestic helper and/or caretaker, employed by an employer to engage in household work for wages.
2. Employer: This refers to the family members that exercise management rights, including the employer who employs an employee, the family members and delegates of the employer, and the person who is given care.
3. Wage: This refers to the monetary gain obtained through working, including wages and premiums, allowances, and any other regular payments paid in cash on an hourly, daily, monthly, or piece-work basis.
4. Labor Contract: This refers to a contract that regulates an employer- employee relationship.
Article 3: The competent authorities mentioned in this Act refer to the Council of Labor Affairs of the Executive Yuan in the Central Government; the Municipal Governments in the municipal cities; and the County (City) Governments in the counties and cities.
Article 4: No person shall intervene in another person’s labor contract to extract illegal benefits.
Article 5: An employer shall provide an employee with a habitable space which is private and well equipped with basic facilities, and the competent authority shall stipulate the enforcement rules of this Article. In cases where both parties agree, an employee’s residence can be settled outside of an employer’s. In such a case, the employee’s rent and traveling allowance shall be paid by the employer, in addition to the wage.
An employer shall provide an employee with written standards for household work. When applying for a recruiting permit, these standards must also be reported to the competent authority, after which they shall take effect. The content of these standards shall not contravene the laws, public order, or good customs, and these standards must be reasonable.
An employer, during the period of the contract, shall provide the employee with three meals (breakfast, lunch and dinner) per day, or food allowance equivalent to the amount of three meals.
Article 6: The concerned central health authority, pursuant to the regulations of The Labor Safety and Health Law and The Employment and Service Act, shall take the initiative to notify both the employer and employee when the employee is required to submit to regular medical checkups.
The expense of said medical checkup shall be paid by the “Employment Security Fund”
Article 7: The employer shall provide the employee with National Health Insurance and Labor Insurance, and guarantee the protection of all working rights of the employee.
Chapter II: Labor Contract
Article 8: Labor contracts are divided into fixed term contracts and non-fixed term contracts.
An expired fixed term contract shall be viewed as a non-fixed term contract in case any of the following situations arise:
1. Where the employee continues his/her work without any immediate expression of opposition from the employer.
2. Where a new contract has already been made, and the working period for both the old and new contract lasts for more than ninety days, and the discontinuance period in between the old and new contracts lasts less than thirty days.
Article 9: An employer may not terminate a labor contract (with advance notice) unless any of the following situations arises:
1. Where an employee contravenes the household work standards or regulations of the labor contract, and the situation fails to improve after the employer asks the employee to change.
2. Where an employee is proven by a doctor to be suffering from or afflicted with a major illness or injury and is incapable to work.
3. Where the person to be given care dies, or the reasons for employment are no longer valid.
4. Where force majeure necessitates business suspension for more than one month.
5. Where an employee is confirmed to be incompetent for his/her job duties.
If an employer terminates a contract pursuant to this preceding regulation,
he/she must act within 30 days from the date that the circumstances are
made known. In case the employee is a foreign person, his/her return airfare
shall be paid by the employer.
Article 10: In case an employee is proven to be in any of the following situations, an employer is entitled to terminate the labor contract without advance notice:
1. Where the employee is convicted of a crime and sentenced, and the sentence is pronounced and confirmed without probation and without permission to change this sentence into a financial penalty.
2. Where [an employee] is absent without justifiable reasons for three consecutive days or an accumulative six days within a month.
3. Where violence or conduct of gross insult is done to an employer.
An employer that terminates the contract pursuant to the preceding regulations must act within 30 days from the date that the circumstances are made known.
In the case of a foreign person, the return airfare shall be shouldered by this person him/herself.
Article 11: In case an employer is proven to be in any of the following situations, and one month after an employee raises an objection and the employer still fails to improve what should be improved, then an employee is entitled to terminate the contract and ask the competent authority to have him/her transferred to another employer.
1. Where an employer does not pay wages to an employee in accordance with the contract.
2. Where an employer does not pay wages to an employee directly and in the full amount.
3. Where an employer forcibly keeps an employee’s personal belongings in custody.
For a contract terminated pursuant to the preceding regulation, in case an employee is a foreign person who chooses not to be transferred to another employer, or who cannot find another employer, and desires to return to his/her own country, then this employee’s return airfare shall be shouldered by the employer.
Article 12: In case any of the following situations arises, an employee is entitled to terminate the contract without advance notice, and the original employer shall present a contract-discharging agreement:
1. Where the employee is compelled to engage in work/tasks that are not
stipulated/specified in the employment contract.
2. Where an employer renders violence, sexual assault, sexual harassment, or conducts of material insult against an employee.
3. Where an employer suffers from a malignant, infectious disease.
4. Where an employer commits violence or coercion, or uses other illegal means to force an employee to perform a task.
5. Where an employer, through verbal intimidation or physical violence, forces an employee to sign any side-contract against his/her will.
6. Where an employer contravenes the labor contract or labor law, so that an employee’s rights might be compromised by certain damaging contingencies.
If the employee terminates their labor contract due to one of the above causes, the employer is obliged to submit an agreement of termination. If the employee is a migrant employee and he chooses not to be transferred to another employer or cannot find other employment, and has to return to his/her country, the employer is obliged to pay the returning flight ticket for the employee.
Article 13：An employer who terminates a contract pursuant to Article 9 shall give notice to an employee one month in advance, or such notice shall be substituted by one-month wage.
In case that both parties agree upon an advanced contract termination, both parties shall go to the local concerned authority to sign an agreement of contract termination in both parties’ mother tongues, only after which will the termination begin to take effect.
Article 14: In case any of the following situations arises, an employee shall not ask for a separation fee from his/her employer.
1. In accordance to Article 9, Item 1, Section 1
2. Where an employer terminates a labor contract pursuant to the regulation
of Article 10.
3. Where a fixed-term labor contract expires and the employee has already left the post.
The amount of the paid separation fee shall follow the regulation of The Labor Standard Law.
Article 15: In case a migrant worker requests to be transferred to another employer, if the employer violates Article 9,11,12 during the waiting period before his/her transfer, the concerned authority shall pay unemployment allowance to the employee in accordance with The Employment Insurance Law.
Chapter III: Wages
Article 16: Wages shall be determined by an agreement between the employee and employer, provided that after deducting for food, lodging and travel allowance, this wage shall not fall below the minimum wage regulated by The Labor Standards Law.
Article 17: Wages shall be paid on a regular monthly basis. An employer shall pay the wage in full amount directly to the employee, and shall not deduct any further food and lodging fee.
An employer shall provide an employee with pay slips written in language(s) known to the employee, with every item listed clearly on the slip, including the amounts of the wage, legal deductions such as tax, health insurance fee and labor insurance fee. After both the employee and the employer have confirmed the specific items, both parties shall sign on the slip, and each shall retain one copy of it.
An employer shall keep a payroll record of workers, specifying the amount of wages payable, the computed items of wage, and the sum total of wage payments. The payroll record shall be kept in custody for three years.
Article 18: Where an employer asks an employee to extend his/her working hour(s), the wage for such extended hour(s) (overtime) shall more than half of his/her regular hourly wage.
Article 19: An employer shall not deduct an employee’s wage in advance for punitive damages or indemnity.
Article 20: In case an employer is proven to be in arrears of wage payment, the
concerned authority shall order the employer to pay the arrears within a limited period of time. If the wages owed are still unpaid by the expiry of the said period, overdue wages shall be paid from The Employment Stabilization Fee Fund. The central concerned authority shall stipulate measures for such payment.
Article 21：If a worker fulfills the above contract, he/she should be eligible for retirement pension under the The Labor Standard Law and The Act of Labor Retirement Payment.
Chapter IV: Work Time, Rest Time, and Day-Off
Article 22: The regular working hours of an employee should be at most 84 hours every two weeks. The regular working hours of an employee shall not exceed eight hours per day, and his/her work hours shall be determined by an agreement between the employee and employer. An employee shall rest for 10 consecutive hours per 24 hours. An employer shall not ask the employee to provide any manual work during his/her rest hours; in case there is an urgent need, the employer can only ask the employee to do so with the consent of the employee him/herself. The manual work provided by the employee during his/her rest hours shall be viewed as overtime, which shall not exceed two hours per day, ten hours per week, and forty hours per month.
The employer shall prepare sign-in books or time cards to record employees’ attendance on a day-to-day basis. These books and cards shall be kept in custody for one year.
Article 23: An employee shall have at least one regular day-off every seven days.
Article 24: The Employer shall provide the Employee annually with an eight-hour
educational leave; the establishment should also provide them with on-job
Article 25: In case the Employee continues to work for the same Employer or
business entity for a certain period of time, the Employee is entitled to an
annual leave based on the following scale:
1. Seven days’ leave for service of more than one year but less than three.
2. Ten days for service of more than three years but less than five.
3. Fourteen days for service of more than five years but less than ten.
4. One additional day of leave for each year of service beyond ten years, up
to a maximum of thirty days.
Article 26: An employee shall be granted time off on all holidays prescribed by the
central concerned authority.
Article 27: The Employee need not work or serve for 24 hours during his/her regular day-off, national holidays and special leave. During these days, the Employer should pay the Employee with his/her usual wages. In cases whereby the Employee is required and agrees to work during these days, the Employee should be paid double their regular wage for the day.
Article 28: Due to an incident of natural disaster, catastrophe, or emergency event, if an employer deems it necessary [for an employee] to continue the work, an employee’s leave of absence can be suspended, provided that the wages for the period of time of this suspended leave shall be double the regular wage, and the employee shall be granted a leave afterwards to rest as compensation for the leave suspended.
Article 29: Matters for an employee taking leave due to marriage, bereavement, sickness or other proper reasons shall be managed in accordance with the employee’s leave-taking regulations.
Chapter V: Human Right Protection, Female Protection, Gender Discrimination Prevention, Sexual Harassment Protection and Prevention
Article 30: An employer shall not prescribe any side-contracts stipulating that in case an employee gets married, becomes pregnant, or engages in activities such as child-birth and child-nursing, then this worker will have to leave his/her position, nor shall an employer use the above-mentioned factors as reasons for termination.
Article 31: A female worker is entitled to take a menstruation leave for one day per month. As for female protection measures such as maternity leave, this should be managed pursuant to relevant regulations stipulated in The Gender Equality Act.
Article 32: An employer and his/her family member(s) shall not create any hostile, intimidating, or offensive working environment for an employee through any sexual request, verbal expression or physical conduct with sexual implication or gender discrimination, with which [an employee’s] personal dignity, freedom of movement are infringed upon or interfered with, and his/her job performance is thus affected.
Article 33: During the Employee’s day-off (pursuant to Article 26), personal leave
(pursuant to Article 29) and Maternity Leave (pursuant to Article 31), the
Employer can apply to the Central Controlling Organization for the services
of a temporary household care giver in case such services is needed.
Article 34: An employer shall not discriminate against an employee’s gender, nationality or social origin, race, color, religion, and shall not limit an employee’s rights to freedom of religion and association.
Article 35: In cases whereby the Employer violates the Employee’s person and dignity
to a significant extent, the Employee is entitled to request for punitive
compensation. In cases whereby the Employee’s reputation is violated or
defamed, he/she is entitled to request that his/her reputation be properly
Article 36: In case a labor dispute arises between an employee and employer, it shall be managed pursuant to the Procedures For Labor Dispute Management. The competent authority shall provide legal assistance and establish a “Rights of Action Foundation” to assist an employee in processing his/her labor dispute lawsuit.
Article 37: The competent authority, in order to manage sheltering problems arising from matters such as 1. An issue of law, 2. Reporting an employer for illegal use of worker, 3. Suffering from sexual assault, and 4. Repatriation due to employer’s unilateral decision through contract-breaching, shall set up centers for temporary sheltering, so that the work and daily life of a migrant worker can be protected, and his/her rights can be defended.
Article 38: In case an employee is injured due to his/her work, an employer shall manage it pursuant to laws relevant to occupational accident.
第三十九條: 中央主管機關，為貫徹本法及其他勞工法令之執行，應設檢查機構或授權直轄市主管機關專設檢查機構辦理之；直轄市、縣 (市) 主管機關於必要時，亦得派員實施檢查。
Article 39: The central competent authority, in order to pursue the implementation of this Act and other labor laws, shall set up labor inspection institution or authorize competent authority of special municipalities to set up special inspection institution to proceed with the task; the competent authority of the special municipalities, counties (cities), if necessary, are also entitled to send officers to inspect.
The organization of this said labor inspection institution shall be established by the central competent authority.
Chapter VI: Monitoring and Inspection
Article 40: Upon acting in the course of his/her duties, an inspector shall produce an inspection certificate, and a business entity and employer shall not refuse such inspection. In case a business entity or an employer refuses to be inspected, an inspector is entitled to initiate an invitation to and be accompanied by the local competent authority or police agency to enforce the inspection.
While acting in the course of his/her duties, an inspector is entitled to ask a business entity (an employer) to submit necessary reports, records, books of account, and relevant documents or written descriptions. In case there is a need for abstracting materials, samples or data, an employer or his/her delegate shall be notified in advance, and a receipt shall be given to this said employer.
Article 41: In case an employee finds that a business entity (an employer) contravenes this Act or other labor laws, he/she is entitled to file a complaint to the employer, the competent authority, or the inspection organization.
An employer shall not terminate, transfer or take any disciplinary action adverse to an employee who personally files a complaint mentioned above.
Chapter VII: Penalty
Article 42: Conducts in contravention of Article 4 of this Act shall be liable to a determinate sentence under 3 years, detention, a sentence, or a combined sentence liable to pay a fine more than $60,000NT.
Article 43: In cases where the Employer violates Article 12, Item 1, Section 4 of this
law, the Employer is liable to be imprisoned for five years or below,
detention or be fined in the amount of NEW TAIWAN DOLLARS FIFTY
THOUSAND or below.
Article 44: Conducts in contravention of Article 7 of this Act shall be liable to a fine that triples the insurance premium shouldered starting from the employment date and ending on the insured date. An employee’s damage thus caused shall be verified and compensated by the insurance authority.
Article 45: In cases whereby Article No.9, Item No. 1, Article No. 16 of this law is
violated, the Central Controlling Organization shall cancel the Employer’s
Permit to Employ a Foreign Worker.
Article 46: In cases wherein the Employer violates the laws stipulated herein, the
In-Charge Organization shall give a deadline for the Employer to stop its
violation and to correct its behavior. The Employer shall also be fined in
the amount ranging from NEW TAIWAN DOLLARS TWENTY
THOUSAND to ONE MILLION FIVE HUNDRED THOUSAND. In cases
where the Employer does not correct its behavior and continued in its
violation of the laws stipulated herein, the In-Charge Organization shall
continue to order the Employer to stop in its violation and to correct its
behavior. The Employer shall also be continuously fined based on the
number of times of its violation in the amount ranging from NEW TAIWAN
DOLLARS FORTY THOUSAND to TWO MILLION until it stop in its
violations or taken corrective measures.
Chapter VIII: Annex
Article 47: The Enforcement Rules of this Act shall be stipulated by the central competent authority.
Article 48: The date for this Act to take effect, shall be the date of its promulgation.