in violation will have their work permits revoked and will be deported.49 The NHRC has noted that cases involving prohibited pork products brought in from epidemic zones that are deemed “serious violations” overly infringe upon the rights of migrant workers, including their right to work and to legal residence. 39. Recommendations: The MOL should carefully evaluate the necessity and reasonableness of the criteria used to determine what constitutes a serious violation under Article 73, Subparagraph 6 of the Employment Service Act and adjust them accordingly. The Ministry should also take note of General Recommendation No. 30, which calls for ensuring equal protection and recognition before the law for non-citizens and ensuring that non-citizens have equal opportunity for effective remedy, including the right to challenge deportation orders. Migrant workers should be given avenues to seek redress if they wish to dispute the revocation of their work permit, so as to ensure the accessibility and close proximity of remedial channels for migrant workers. 40. The current State Compensation Law applies the principle of reciprocity to applicable law in cases where foreigners’ rights are infringed, provided that the treaty or the laws or customs of their home country allow Taiwanese citizens to enjoy equal rights with the citizens of that country. The Control Yuan investigated a case from 2017 involving an undocumented Vietnamese migrant worker surnamed Nguyen, who was shot nine times at point-blank range by a police officer. 50 The officer accused in the incident reached a 49 The Workforce Development Agency, MOL issued a press release on January 7, 2022 titled “MOL urges migrant worker friends not to mail or order prohibited pork products from abroad. Let’s jointly prevent African Swine Fever!” The press release indicated that individuals who breach regulations by importing meat products could be subject to a period of imprisonment of up to seven years and a fine of up to NT$3 million. If a migrant worker receives a package from relatives or friends in an epidemic-affected area containing meat products, it should be surrendered to the animal quarantine authority for proper disposal. Violations will incur fines of up to NT$150,000. Under Article 73, Subparagraph 6 of the Employment Service Act , if a migrant worker is penalized for this offense, it can be considered a serious violation; their work permit can be revoked, and they can be ordered to leave the country. For more information, please visit: https:// 50 32 www.wda.gov.tw/News_Content.aspx?n=7F220D7E656BE749&sms=E9F640ECE968A7E1&s=7A4B2B19252FD116. Control Yuan investigation report approved on July 5, 2018 (107 內調 0042)

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