Withheld Passports, Excessive Broker Fees and Forced Repatriation in Taiwan 2026: Taiwanese Lawyers Answer Vietnamese Workers’ Questions
Po-Chang Yu (Raymond Yu) Chief Lawyer / Founder and CEO of Louis Group
Key Takeaways
- What remedies are available where an individual is owed wages, charged excessive brokerage service fees, deprived of their passport, or coerced into signing documents? The common sequence for handling all four situations is: preserve evidence (copies of the labor contract, pay slips, clock-in and remittance records, receipts, LINE conversations, audio recordings, affidavits and other documents) → call the 1955 hotline → file a complaint with the local labor authority and apply for labor dispute mediation → where necessary, bring an action under the Labor Incident Act and apply to the Legal Aid Foundation for assistance; if approved, a lawyer will assist free of charge.
- Are domestic caregivers afforded the same statutory protections regarding working hours and rest days as factory workers? The answer is no. Home caregivers are not covered by the Labor Standards Act; the statutory protections enjoyed by factory migrant workers, such as the 8-hour day, the 40-hour week, overtime pay rates and national holidays, therefore do not automatically apply to home caregivers.
- May a person be compelled to leave Taiwan on account of pregnancy, harassment, violence, or an occupational accident? Pregnancy, sexual harassment, sexual assault, violence or an occupational accident is not in itself a ground on which an employer may force a migrant worker to return home.
- Can a migrant worker who has lost contact with the authorities or the employer also be a victim of human trafficking or labor exploitation? Yes, it is possible.
The questions in this article were raised by Vietnamese officials in Taiwan and leaders of the Vietnamese community at the Seminar on Legal Issues Facing Vietnamese in Taiwan , held on 17 September 2026 at the Vietnam Economic and Cultural Office in Taipei. The answers were prepared by the Taiwanese lawyers of Louis Group on the basis of the law currently in force in Taiwan, and are provided in Chinese, English and Vietnamese.
First steps at a glance
| Situation | First step | Main legal basis |
|---|---|---|
| Unpaid wages or overtime | Keep pay slips, clock-in and remittance records; call 1955; file a complaint with the local labor authority and apply for mediation | Labor Standards Act, Arts. 22–24; Employment Service Act, Arts. 57 and 59 |
| Broker overcharges service fees | Keep receipts and transfer records; report via 1955; claim a refund | Employment Service Act, Art. 66 (fine of 10 to 20 times the amount overcharged) |
| Passport or ARC withheld | Report to the labor authority and to the police | Employment Service Act; Criminal Code offenses such as embezzlement, coercion or intimidation |
| Asked to sign a “voluntary resignation” or “voluntary return” form | Call 1955 before signing; if it is not voluntary, state your objection in the return-verification procedure | Regulations on the Permission and Administration of the Employment of Foreign Workers, Art. 68; Civil Code, Arts. 92–93 |
| Pregnancy, harassment or violence, occupational accident | The employer may not force you to return home; you may apply to transfer employers or to extend residence | Gender Equality in Employment Act, Art. 11; Employment Service Act, Art. 59; Immigration Act, Art. 31 |
| Already lost contact, but previously exploited | Keep evidence; when you appear before the authorities, explain the exploitation to the police, the NIA Specialized Operation Brigade or a social worker | Human Trafficking Prevention Act (a victim may receive a one-year residence permit and apply for a work permit) |
Frequently Asked Questions (FAQ)
What remedies are available where an individual is owed wages, charged excessive brokerage service fees, deprived of their passport, or coerced into signing documents?
The common sequence for handling all four situations is: preserve evidence (copies of the labor contract, pay slips, clock-in and remittance records, receipts, LINE conversations, audio recordings, affidavits and other documents) → call the 1955 hotline → file a complaint with the local labor authority and apply for labor dispute mediation → where necessary, bring an action under the Labor Incident Act and apply to the Legal Aid Foundation for assistance; if approved, a lawyer will assist free of charge.
Migrant workers covered by the Labor Standards Act may claim wages and overtime pay under Articles 22 to 24 of that Act. Home caregivers and domestic helpers are, as a rule, not covered by that Act and should assert their rights against the employer on the basis of the labor contract, the Employment Service Act and Article 66 of the Regulations on the Permission and Administration of the Employment of Foreign Workers. Where the employer owes wages and the worker has terminated the contract on that ground, the worker may apply for a transfer of employer under Article 59 of the Employment Service Act; whether the withholding of a passport constitutes a ground for transfer is determined by the competent authority case by case.
The monthly service fee that a Taiwanese broker may charge is capped at NT$1,800 in the first year, NT$1,700 in the second year and NT$1,500 from the third year onward. A broker that unlawfully overcharges may be fined 10 to 20 times the amount overcharged under Article 66 of the Employment Service Act, and the worker may separately claim a refund. A worker whose passport has been withheld may report the matter to the labor authority and to the police; whether the conduct constitutes the offense of embezzlement, coercion or intimidation under the Criminal Code may be pursued by filing a criminal complaint with the police or the prosecutors office.
A person who was induced by fraud or coerced into signing a document may rescind it under Articles 92 and 93 of the Civil Code within one year after discovering the fraud or after the coercion ceases. A worker who is being returned home against his or her will should state that he or she does not consent when the competent authority verifies the worker's true intention under Article 68 of the Regulations on the Permission and Administration of the Employment of Foreign Workers. A worker who has already been taken to the airport may immediately seek help from the airport service counter for foreign workers, the Aviation Police or the 1955 hotline.
| Year of work in Taiwan | Maximum monthly broker service fee (NT$) |
|---|---|
| First year | 1,800 |
| Second year | 1,700 |
| Third year onward | 1,500 |
For a full step-by-step guide to recovering unpaid wages and challenging an unlawful dismissal, see Unpaid Wages / Unlawful Dismissal in Taiwan: What Should Vietnamese Workers Do? .
Are domestic caregivers afforded the same statutory protections regarding working hours and rest days as factory workers?
The answer is no. Home caregivers are not covered by the Labor Standards Act; the statutory protections enjoyed by factory migrant workers, such as the 8-hour day, the 40-hour week, overtime pay rates and national holidays, therefore do not automatically apply to home caregivers. This does not mean that home caregivers have no rights. Their working hours and rest days are governed by the labor contract, which usually provides for one rest day every seven days, with one additional day's wages payable for work on a rest day.
Since 10 August 2022, the Ministry of Labor has recommended a contractual monthly salary of NT$20,000 for newly hired domestic migrant workers and for those re-hired or transferred upon expiry, with a further increase of NT$1,000 recommended when the worker has been re-hired by the same employer for three years and again for six years. The employer may not, in breach of Article 57 of the Employment Service Act, withhold wages or assign work outside the scope of the work permit, and must enroll the home caregiver in occupational accident insurance as required by law; protection against sexual harassment and pregnancy-related rights remain guaranteed. If these rights are infringed, the worker should keep daily records of working hours, rest days and wages and call 1955 or file a complaint with the local labor bureau. Where a ground under Article 59 of the Employment Service Act exists, such as the death or emigration of the employer or the care recipient, or sexual assault, sexual harassment or violence against the worker, the worker may apply for a transfer of employer.
| Point of comparison | Factory and other industrial migrant workers | Home caregivers |
|---|---|---|
| Covered by the Labor Standards Act? | Yes | No |
| Working hours | 8 hours a day, 40 hours a week | As agreed in the labor contract |
| Overtime pay and national holidays | Statutory rates and holiday rules apply | Not automatically applicable; governed by the contract |
| Rest days | Under the Labor Standards Act | Usually one rest day every seven days; one extra day’s wages for work on a rest day |
| Wage benchmark | Minimum wage | NT$20,000 a month recommended by the Ministry of Labor (since 10 August 2022) |
May a person be compelled to leave Taiwan on account of pregnancy, harassment, violence, or an occupational accident?
Pregnancy, sexual harassment, sexual assault, violence or an occupational accident is not in itself a ground on which an employer may force a migrant worker to return home.
First, under Article 11 of the Gender Equality in Employment Act, an employer may not dismiss a worker or require her to resign because of pregnancy.
Second, harassment or violence may constitute a ground not attributable to the worker under Article 59 of the Employment Service Act, and the worker may apply for a transfer of employer.
In addition, a victim of, or witness to, a sexual assault or violent offense whose assistance in the investigation or trial is considered necessary by the prosecutor or the judge may apply for an extension of residence under Article 31, Paragraph 4, Subparagraph 7 of the Immigration Act.
A person whose sexual autonomy has been violated by a criminal act may also apply for compensation under Articles 50 and 51 of the Crime Victim Rights Protection Act.
A worker injured in an occupational accident may apply for an extension of residence during the period of treatment under Article 31, Paragraph 4, Subparagraph 6 of the Immigration Act. Industrial migrant workers may further claim compensation under Article 59 of the Labor Standards Act, while domestic migrant workers may claim occupational accident insurance benefits.
In practice, if an employer or broker asks a migrant worker to sign a "voluntary resignation" or "voluntary return" document, the worker should call 1955 and preserve evidence before signing. If the return is not voluntary, the worker should clearly state his or her objection during the return-verification procedure under Article 68 of the Regulations on the Permission and Administration of the Employment of Foreign Workers. A document already signed as a result of fraud or coercion may be rescinded under Articles 92 and 93 of the Civil Code within one year after the fraud is discovered or the coercion ceases.
Can a migrant worker who has lost contact with the authorities or the employer also be a victim of human trafficking or labor exploitation?
Yes, it is possible. Under the Human Trafficking Prevention Act, a Vietnamese national who voluntarily reports to the authorities or who is apprehended may be identified as a victim if he or she has been subjected by the employer or by a third party to unlawful means or unlawful acts, to improper debt bondage, or to a situation in which the remuneration is manifestly disproportionate to the work performed. A person so identified may be granted a one-year residence permit and may apply for a work permit. Accordingly, a Vietnamese national who has experienced such circumstances is advised to preserve the relevant evidence and, when apprehended or when appearing before the authorities, to clearly describe the exploitation suffered to the police, the National Immigration Agency's Specialized Operation Brigade, or a social worker; this will assist in, and improve the chances of, being identified as a victim.
Where to get help
- The 1955 hotline: run by the Ministry of Labor, with service in Vietnamese, free of charge and available 24 hours a day.
- The local labor authority: accepts complaints and conducts labor dispute mediation.
- The Legal Aid Foundation: those who qualify may apply for a lawyer’s assistance free of charge.
- The airport service counter for foreign workers and the Aviation Police: seek help immediately if you have been taken to the airport against your will.
Further reading
- Unpaid Wages / Unlawful Dismissal in Taiwan: What Should Vietnamese Workers Do?
- Lawfully Changing Employers (Transferring Employers) in Taiwan 2026: Conditions & Procedure
- Working in Taiwan as a Migrant Worker 2026: Costs, NT$29,500 Wage, Rights & Risks
Authors: Raymond Yu (Po-Chang Yu) , Chun-Hung Yeh and Li-Chen Chen | Louis Group
This article provides general legal information and is not legal advice on any specific case. Laws and administrative practice may change; for your own situation, consult a lawyer, call the 1955 hotline or contact the Legal Aid Foundation.