On Taiwan's Council of Labor Affairs Position on
Days Off for Household Workers
8 February 2007

We welcome Council of Labor Affairs (CLA) division chief Tsai Meng-liang's pronouncement that local employers will be fined and even deprived of their qualification to hire foreign workers if they are found to have committed any infractions including not providing regular days off to the migrant workers. And their employers would not be able to send home the foreign workers who do complain against said infraction mentioned above.

We suggest that the CLA make this an official policy and circulate it to the local Labor Bureaus and even the Labor Representatives of sending countries based in Taiwan, which handle such complaints. We would just like to clarify Mr. Tsai Meng Liang's interpretation of what he meant by "that employment and management of foreign workers must comply with existing law and working contracts."

In an official letter by the CLA sent to us on July 4, 2006, the labor body stated that side agreements amending the original employment contract signed in the Philippines would be considered valid and binding. This also pertains to the guaranteed days off provision in said contract.

In effect this would contradict the CLA's own admission in the same letter that days off are guaranteed in Article 7 of the Universal Declaration of Human Rights. The United Nations also states that such rights are not granted or given to workers by governments or employers - they are basic universal human rights that we all are entitled to by virtue of our humanity.

The CLA thus would need to be clearer on this issue so that the 81% of Filipino caretakers and domestic workers who had limited or no days off based on our survey would not be deprived of their basic labor and human rights.

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Foreign workers can file grievances (on days off)

2007/2/8
TAIPEI, CNA

Foreign workers are welcome to lodge petitions with relevant labor agencies whenever they are improperly treated, a Council of Labor Affairs (CLA) official said yesterday.

Tsai Meng-liang, a division chief at the CLA's Bureau of Employment and Vocational Training, was responding to Philippine media reports that Filipina housemaids and caregivers have complained about their Taiwanese employers' reluctance to offer them days off.

As many of the Filipinas are afraid of losing their jobs, the reports said, they dare not argue with their employers to take a day off per week.

In the past, Tsai said, employers might "viciously" fire foreign workers, but the situation has improved since last October when a new set of protective measures for foreign laborers were put into force.

Under the new system, local governments are required to verify every case involving firing, advanced termination of contract and repatriation of foreign laborers and should assist in handling disputes between local employers and foreign employees.

Moreover, Tsai said, special counters have been opened at major airports for disgruntled foreign laborers, particularly those who feel their legitimate rights have been denied, to file their grievances and seek legal remedies before their departure or repatriation.

Noting that employment and management of foreign workers must comply with existing law and working contracts, Tsai said local employers will be fined and even deprived of their qualification to hire foreign workers if they are found to have committed any infractions.

Given all these extensive protective measures, Tsai said maltreated foreign workers need not hesitate to voice complaints through legal channels.

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