Taiwan's Country Profile as of February 2005

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Taiwan's profile (MS Word document)
Table: Alien Workers in Taiwan-Fukien Area by Industry and Nationality (Excel document)

18% said they suffered abuse
39% found their work too hard
24% stated they were about to be repatriated
6% had finished their contracts
13% gave other reason

Of course, one other reason why there are a growing number of undocumented migrants especially among Indonesians is because of the ban imposed on them by the CLA. This ban was imposed on Aug. 1, 2002 because according to the CLA, many workers were running away from their employers; brokerage agencies from Indonesia submit false documents and charge high brokerage fees. [9] Around 3,772 Indonesians absconded from their employers since then up to July of 2003. [10]

Another question in the survey of the HWC asked what is the best part of being undocumented. 16% stated that their employers better treat them, 22% said they feel freer, and while 26% answered that there is a possibility that they can save more money.

In one of the interviews conducted by the APMM on a Filipina undocumented worker, she gave this startling revelation:

As for me, I have more bargaining power by being an undocumented worker. I can leave my employer if he/she does not follow our verbal agreement. If I am documented, even if my employers are wrong, they can send me home any time if they do not like me anymore. 

In an informal talk with HWC’s Vietnamese social worker, an APMM staff asked her why so many Vietnamese workers run away. She answered that these Vietnamese do not want to pay the monthly brokers fee and want to be freer.  From 2002 up to August 2004, Vietnamese workers topped the escape ratio with 7.79% in 2002 and 9.63% in 2003. [11] From January – August this year, this has gone down to 7.35%.

It is quite strange that Taiwan authorities have not yet banned all Vietnamese workers from entering Taiwan since this is one of the main reasons why they banned Indonesians in the recent past and the Filipinos and Thais before that respectively. Instead, the CLA only banned Vietnamese fishing boat workers on May 19, 2004. The Vietnamese in this category had the highest ratio of runaways at 33.7% of the total number compared to other job categories. It also held a Taiwan-Vietnam Labor Conference in Taipei on June 15 wherein the Vietnamese government agreed to almost all of CLA’s terms.

1. On the regulation that runaway laborers have to pay for their return trip, Vietnam agreed to amend it so that laborers have a guarantor in Vietnam before they apply for work in Taiwan.

2. To reduce the number of runaways or illegal workers, Vietnam agreed to provide information about the workers' relatives in Taiwan for possible investigation in the future.

3. To harmonize with CLA policy, Vietnam promised to lower down the nu

4.Until the runaway problem is effectively controlled, Vietnam agreed that CLA temporarily stops to issue recruitment approvals of any newly established Vietnam labor agency.

5. To initiate any direct recruitment between Taiwan and Vietnam, the CLA suggested that Vietnam expand the qualifications of direct recruitment; establish a special institute and a human resource database.

6.In addition, Vietnam promised to improve counseling and vocational training, and examine the termination contract. Vietnam also agreed to draw up regulations on illegal Vietnamese laborers and agencies. [12]

Apparently, these concessions made by the Vietnamese government to the CLA have failed miserably as the number of Vietnamese workers who run away remains high. Since the agreement with the CLA, more then 2000 Vietnamese workers have absconded up to the end of August. As such, the CLA has called for another meeting with Vietnamese representatives this Oct. 13.  

Besides banning the importation of certain nationalities, other things which the CLA have done so far to solve the problem of absconding workers are the ff:

1. Launched an announced crackdown on undocumented migrants from September to November 2003. During said crackdown, the CLA promised to facilitate the speedy repatriation of undocumented workers who would “voluntarily” surrender to the authorities. This did not succeed, however, as only 200 of the 11,200 undocumented workers then or only 1.78% of them turned themselves in. [13]

2. Did a survey on why foreign workers ran away from their employers. But instead of interviewing the workers themselves, the CLA chose to interview the employers of the absconders.  The two main reasons that came out of the survey is: instigation by other foreign workers and imminent expiration of the employment contract. Others include problems in living and working accommodations and expectation for higher payment. [14]

3. Proposed a financial management of foreign workers (will tackle more of this later)

4. Has an ongoing evaluation of brokers

C. Not covered by Labor Standards Law

The Labor Standards Law (LSL) does not cover caretakers and domestic workers and only have model contracts. And as earlier mentioned the employers, placement agencies and/or brokers, can revise such contracts through impositions of side agreements.

In practice, overcharging by brokers and/or placement agencies can be successfully revoked and the excess fees returned if the migrant worker chooses to file a complaint against these entities. It is another matter though if such agencies or brokers would be penalized through suspensions and cancellation of their licenses.

Having no days off once a week though is another matter. Even if this is enshrined in the LSL and the employment contract it can become legal if the employee agrees to have no days off as long as the employer pays him accordingly.  And when we consulted a lawyer regarding this, his opinion is as follows.

Whether the no day off’s provision would be valid depends upon how the courts interpret the open-ended public order or good customs clauses of the Civil Code. Another problem here according to the lawyer is that the courts tend to resolve these issues on a case-to-case basis.

Since those working at homes are not covered by the LSL, it