醫院櫃台"合格"名片聘看護 竟為逃逸移工 Woman fined for unwittingly hiring illegal migrant worker

The employer claims her innocence, saying she hired the carer through a self-claimed “legal” agent, which makes her a victim as well.

Presenter: Three years ago, Ms. Tsai hired a Vietnamese caregiver for her hospitalized grandmother. She got information on a supposedly legal foreign labor agency from the hospital. Tsai was later fined NT$100,000 after authorities determined the caregiver was illegal. Tsai, who says she is a victim, unsuccessfully sued the government.

Foreign labor brokers often prey on unsuspecting families at hospitals, handing out business cards like candy and leaving them at information counters and elevators. Three years ago, a Kaohsiung woman needed to hire a caregiver for her hospitalized grandmother. At the recommendation of hospital staff, she went to the emergency counter and picked up the business card of a supposedly legal labor agency. Through the agency, she hired a caregiver that later turned out to be in Taiwan illegally. To her dismay, she was fined NT$100,000. Tsai tried suing the government but lost the suit.

Ms. Tsai, Employer of The Illegal Worker:“ I was tricked by the labor agency. Why should I have to pay a NT$100,000 fine? I don't accept this.”

Tsai says she didn't review the caregiver's information because it was an emergency hire, but she trusted the labor agency and paid the caregiver the going rate of NT$2,200 per day. She has decided not to appeal but is calling on the government to address this issue so that others don't find themselves in the same plight.

Lu Hsiu-ju, Employment Security Specialist, Labor Affairs Bureau, Kaohsiung:” When you hire a foreign worker, the first thing you should do is take a look at their residency certificate. (If the foreign worker) is trying to scam an employer by saying they are married to (a ROC national), they would have a valid residency certificate. Next, you should compare their residency certificate against their ID to make sure they belong to them.”

The Labor Affairs Bureau says labor brokers that arrange employment for illegal workers are subject to fines of NT$100,000 to NT$500,000 along with at least three years of criminal liability. It also says it reduced Tsai's fine from NT$150,000 to NT$100,000 because she didn't intentionally break the law and the onus is on employers to check the residency certificates of workers they hire. The bureau provides short-term caregiver matchmaking services on its website.

醫院中，不少非法仲介，拿著名片到處發，也有櫃台、電梯口，放著不少看護仲介名片，高雄一名蔡小姐，三年前奶奶生病住院，急需人照顧，在醫院建議下，到急診櫃台拿了合法仲介的名片，透過對方請到看護，事後發現看護是逃逸移工，蔡小姐也被認為違反就業服務法，裁罰新臺幣10萬元，讓他不服，提行政訴訟，還是敗訴。

當事人 蔡小姐：「我是覺得，我是被仲介欺騙，但是卻還要受到，勞工局的10萬塊裁罰，我覺得我內心很不平衡。」

蔡小姐說，當初事態緊急，忘了檢視看護資料，但她是基於信賴仲介，也提供日薪2200元的價格給看護，沒有低於一般行情，還是被認定聘僱非法移工，相當委屈，但也決定不再上訴，出面只希望呼籲政府，正視這個問題，別再讓更多人受害。

高市勞工局就業安全科專員 陸秀如：「在聘僱外籍移工的時候，其實首先可能要先看一下居留證，(若有)騙當事人說我可能是外配，那外籍配偶其實也有一個合法的居留證，那如果說你檢查一下居留證，然後仔細核對一下說他的證件，跟本人是不是相同。」

勞工局表示，非法媒介外籍移工罰10萬到50萬，審酌蔡小姐非蓄意，罰金從15萬降到10萬，提醒避免糾紛，應檢視居留證最能確認對方居留時間與身分，至於媒介的仲介因有營利意圖，得面臨至少3年刑責。也提醒民眾，可上勞工局網站建置的短期照服員資訊平台媒合合法的看護人員。