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Accepting unpaid services of foreigners without a permit is illegal

Recently a Vietnamese was caught working without a permit as a dishwasher at a diner, and the diner owner was subsequently imposed a fine, for violation of Article 44 of the Employment Service Act (“the Act”), by the Department of Labor of Taipei City Government. The diner owner then filed an administrative appeal against the penalty, but was found unsustainable and was dismissed by the Commission of the Administrative Appeal of Taipei City Government.
 
According to Article 44 of the Act, no one may illegally let foreign worker stay and engage in work. In the case that any Taiwanese individual or legal person, without having obtained a permit, allows a foreigner to stay at a place to provide services to or engage in work for such person, it will be deemed as a violation against the foregoing Article, despite in the absence of a contract of hire of services between both parties or no remuneration being paid. Anyone who violates Article 44 of the Act shall be subject to a fine between the range from NT$150,000 to NT$750,000, pursuant to Article 63 of the Act.
 
The appellant asserted that the foreigner is a friend of his son and was giving a helping hand to wash dishes after dinner with his son as a guest at his diner. The Department of Legal Affairs of Taipei City Government, however, stresses that a foreigner engaging in work without having obtained a permit is an act detrimental to the working rights of Taiwanese citizens, notwithstanding no remuneration being paid.