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)