| Summary: | 碩士 === 國立中正大學 === 勞工所 === 95 === In the past, the input of foreign professionals (or white-collar foreign workers) is subject to the authorization of corresponding authorities, which restrict the number of workers to avoid the impact on the employment of Taiwanese. However, since 2002 when Taiwan became a member of WTO, the restriction on foreign professionals should be abolished and should allow qualified managers and technicians to enter Taiwan for the provision of services. To secure the employment opportunities of Taiwanese, the government prepared three principles of supplementation, control of total number and limited industries and number in 1992, when blue-collar workers were allowed to be introduced. Therefore, the restriction on industries and quotas for foreign blue-collar workers has been very strict, with complicated procedures of application. On the contrary, the introduction of white-collar workers is flexible. This is the difference, which causes frequent breaches of law by foreign white-collar workers and their employers, making lawful people disappointed and threatening social security and economy.
Therefore, this study mainly analyzes illegal cases of foreign professionals and the reasons behind, and eventually finds out the condition of illegal use of foreign professionals. Violations can be categorized into illegal employment, illegal service, illegal application and illegal use. And there are 8 reasons of violations: market needs, nonconforming qualification, inspection manpower insufficient, unfamiliar with laws, impact of the kickback strategy, difficult certification of diploma, careless check of documents and blue-collar workers pretending to be white-collar workers. Furthermore, aiming at the situation and discovery of illegal use of foreign professionals at current stage, suggestions are made as follows: appeal to governments attaching importance to social needs, increase the inspection manpower, bring continuation classes that have not been applied foreign professionals legally and kindergartens and nurseries into the enforcement management system, research to make plans to establish federative inspection system that crosses departments in all local governments by central governments, establish single window for providing certification and verification services, make English work permit rules to remind legally foreign professionals about violations, research to make plans to set up premium system to increase the inspection efficiency and willingness, make the education advocacy in Chinese and English contrast version to intervene strategies to enhance the law-abiding consciousness and cognition of employers and foreign professionals, amend the penalty rules on illegal use in Employment Service Law which adopt the penalty system that is of diversified and joint several liabilities, nine items etc. for the reference and deliberation for governments and employers in the industry.
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