(1) Statistic of Taiwan’s Migrant Workers in the Past Decades

 

　　It has been more than 30 years since Taiwan first opened its application for migrant workers to complement our labor shortage in the year of 1989. With continue growing of the number of Taiwan’s migrant workers, government has opened 6 main categories with 15 different types of job for the migrant workers in 1991, including agricultural, manufacture, construction, social and personal services, caregivers, and domestic workers, in despite of the migrant workers who were previously introduced to work in public construction. For now, most of the migrant workers in Taiwan came from Vietnam, Indonesia, Melaysia, Philippines, and Thailand. They are optimistic, friendly, and hard-working, in response to their strong motivation to improve their economic status as working in Taiwan. Although the “Employment Service Act” was implemented in 1992, allowing migrant workers to work in Taiwan and be protected under the “Labor Standard Act”, those of the Taiwan’s migrant workers were still facing a lot of inconvenience and restriction. In the past 30 years, with migrant workers keep running away, the Ministry of Labor has fixed Article 52 of the “Employment Service Act”, proposing to abolish the rule that they should departe for every 3 years working in Taiwan. This ensured a more stable work and the the exploiting of transaction brokers for the migrant workers, as well as the problems derive from the relocation of unstable short-term works. Since the change in Taiwan’s regulations, increasing social demand, and a better understanding of Taiwan's migrant workers, the number of migrant workers gradually increases by each year. By the Juna of 2016, Taiwan’s migrant workers has exceeded 600,000, becoming an important part of Taiwan’s laborers.

 

(2) Taiwanese Law’s restriction on Migrant Workers

 

　　“Employment Service Act” and “Enforcement Regulations of the Immigration Act” are two of Taiwan 's current laws that employ regulation on migrant workers, including the types of job, eligibility, and salary. According to the laws, it only enables migrant workers who are over 16 years old or above and those of the domestic helpers must be 20 years old or above. Besides, equality should be enforced between the employers and the migrant workers in order to ensure the basic human rights: principle of fairness and justice of the basic rights, principle of national treatment in workers’ rights, and principle of home in life. In addition, the Ministry of Labor has set up a "Caring Service Plan for Entry and Exit Labor Offices'', providing assistance to referrals, as well as a way to consult complaints when migrant workers arrive in Taiwan, while establishing a 1995 hotline and provides a 24-hour free line to protect the rights of migrant workers.

 

(3) Job Classification and Specifications for Migrant Workers

 

　　According to the “Employment Service Act”, Article 46, paragraphs 7 - 11, with the commonly selected jobs by the migrant workers: marine fishing, domestic helper and caregivers, institutional care worker, manufacturing, construction and butchers, stated that employers should keep a written contract, ensuring a contractual guarantee for both employers and employees, and a at most 12 years woring period in Taiwan for the migrant workers. Article 53, accordingly, limits the right for migrant workers to transfer their employers freely when encountering problems such as exploiting or overtime. Since the right was strictly controlled by employers, it may sometimes result in migrant workers’ un-regulated behaviors. In another aspect, the minimum salary varies for different kinds of jobs. As working for the families, the monthly salary should be at least NTD 17,000 while manufacture, construction, butchers, and institutional care cannot be paid less than NTD 23,100 each month. Nonetheless, due to the difference in the amount of work for each type, migrant workers are not classified and protected under the “Labor Standards Act”. Instead, they are not entitled to a one day off welfare for every 7 working days, as well as the assurance of their minimum wages.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(4) What is the Penalty for Overstaying?

 

　　Currently, as the “Employment Service Act” stated, employers should give migrant workers a basic salary of NT$ 17500 per month and a NT$ 2268 salary for their overtime jobs (one day of overtime per week, with NT$ 567 per day). A total of NT$ 22174 should be paid for an additional NT$ 906 for health insurance and NT$ 2000 for stabilization for the work migrant workers have. Besides, employers should also pay an NT$1500 to 1800 fee for the transaction broker, as well as a regular health check, visa, and airplane ticket fees.

 

　　For migrant workers who meet the expiration date working in Taiwan, they are able to extend the date as they have applied for the extension for their residence permit from the National Immigrantion Agency. If, however, the migrant workers did not follow the steps to finish application for their residence extension within the time given, the National Immigration Agency will charge NT$ 2,000 to 10,000 for penalty. Furthermore, if they overstay for more than 30 days in Taiwan, despite being fined, the agency will expel them or order them to depart within 10 days.

 

　　As for now, most of our migrant workers came from mostly the southeast asia, with a relatively lower salary compared to Taiwan. According to the research report, the minimum wages for Thailand is about NT$ 8219, Myanmar with NT$ 2913, NT$ 5155 for Vietnmaese, Malaysian for NT$ 7659, and Indonesia with NT$ 8396, formulated by their regulations. Hence, comparing the penalty for overstaying in Taiwan and their original monthly salary, it seems to be a challenge for those underprivileged migrant workers.

 

 

 

 

 

 

 

(5) Guarantee of Labor Rights

 

　　According to National Statistic, R.O.C. (Taiwan), the total number of migrant workers who mainly play roles as manufacturing workers and caregivers are  about 647,651, as of November, 2017. Since 1989, Taiwan first opened the application for migrant workers in response to met our demand on the labor population. Hence, the “Employment Service Act” and “Labor Standards Act” have been revising to expand the insurance for salary, welfare, working hours, and holiday for the migrant workers. “Employment Service Act”, for example, added Article 52 in October 2015 that extended the residence to 14 years for those who have been trained or having self-study, who has special performance, and who met the qualification set by the competent authority. In 21 October, 2016, Legislation passed the Article 52 of the “Employment Service Act” to abolish the rule that migrant workers have to depart for one day as their work period expires, while adding a new rulle proposing that the employers should permit migrant workers to take few days off for them to return to their homeland. Although many of the regulations have been revised to provide welfare to Taiwan’s migrant workers, their minimum wages are still unprotected by the grantee of workers’ minimum salary of Taiwan’s laws.

 

 

(6) Eligibility

 

　　Most employers apply for migrant workers through Human Resource companies, and they would give them their residence permits after approval. Before the migrant workers’ permit period expires, they can apply for extension with the employment permit letter from the Ministry of Labor. If they failed to extend their permits on time, the Immigration Department will punish the migrant workers by NT $ 2,000 to NT $ 10,000; if the residence is overdue for more than 30 days, the migrant worker would be expelled  within 10 days.

 

　　For now, most of the migrant workers in Taiwan are from Southeast Asian countries, where salaries are generally lower than those in Taiwan. According to some reports, the lowest wages required in Southeast Asian countries are NT $ 8219 in Thailand, NT $ 2913 in Myanmar, NT $ 5155 in Vietnam, NT $ 7659 in Malaysia, and NT $ 8396 in Indonesia. If migrant workers failed to apply for extension on time, they will be penalized. The fine they have to pay is more than half of their monthly salary in their country, which is a heavy burden for them.

 

(7) Salaries

 

　　According to the Employment Service Act, employers must pay a monthly salary of NT $ 17,500 and overtime pay of NT $ 2,268 (one day of overtime per week, NT $ 567 per day) Yuan) for migrant workers. Furthermore, employers should also pay for the migrant workers’ health insurance, which costs NT $ 906 and employment stabilization fees of NT $ 2,000. Overall, an employer should pay for a total of NT $ 22,174 every month. In addition, employers should also pay Human Resource companies agency fees ranging from NT $ 1500 to NT $ 1800 per month, with fixed health check fees, visa fees, and air ticket fees.

 

　　 For now, most of the migrant workers in Taiwan are from Southeast Asian countries, where salaries are generally lower than those in Taiwan. According to some reports, the lowest wages required in Southeast Asian countries are NT $ 8219 in Thailand, NT $ 2913 in Myanmar, NT $ 5155 in Vietnam, NT $ 7659 in Malaysia, and NT $ 8396 in Indonesia. If migrant workers failed to apply for extension on time, they will be penalized. The fine they have to pay is more than half of their monthly salary in their country, which is a heavy burden for them.

 

 

 

(8) The Difference Between Residence Permit and Work Permit

 

　　According to the National Statistics Network, there were 647,651 migrant workers in Taiwan towards the end of November 2017. Most of them were nurses or manual workers in the manufacturing industry. In 1989, foreign workers were introduced to Taiwan for the first time to increase the country’s labor population. The migrant workers were regulated by the Employment Service Act and the Labor Standards Act, and their working conditions had been improving annually. For instance, Article 52 of the Employment Service Act of October 2015 added that foreign family nurses who have special performances or have undergone professional training can receive an extended permit for 14 years. Another example is the amendment of Article 52 of the Employment Service Act, which cancels the requirement for migrant workers to leave the country for one day after the permit expires, and they can return to their country for holiday during their eligible stay. Although many labor regulations in Taiwan have been revised each year to improve the welfare of migrant workers, migrant workers' salary is decoupled from Taiwan's Standard Labor Act, which guarantees the minimum wage of Taiwanese workers.

 

　　Compared to blue-collar workers, the National Statistics Network shows that there are 32327 migrant workers working in Taiwan towards the end of November 2017. Among them, the number of applications approved by the Ministry of Labor is 30867, the number of applications approved from the export processing zone is 456, and the number of applications approved from the science park is 1004. Migrant workers are mostly Japanese, American, Malaysian, Indian, Canadian, and English, with only 4934 people having a college degree. The workers participate in manufacturing, sales, service, education, and technological research, management, consultant, etc. They are protected by Taiwan ’s Employment Services Act,  Labor Standards Act, and other regulations. Since some enterprises are more willing to give high salaries and benefits, migrant workers in Taiwan receive completely different treatments, which is a disadvantage in Taiwan's regulations.

 

　　Most employers apply residence permit for migrant workers through Human Resources Companies. The eligible period is three years for each admission, but it can be renewed for unlimited times. If one needs longer-term permits, they can apply for a permanent residence permit after staying in Taiwan for 183 days in 5 consecutive years. Once the migrant workers obtain a permanent residence permit, they can apply for work in Taiwan directly. However, for some migrant workers who participate in laboring, the process of applying for a job in Taiwan remains difficult.

 

 

 

 

 

 

 

 

 

 

 

 

 

TOP

 

The Employment Service Act

Laws of penalty of overstaying