NHRC suggests that the law be revised to align with Article 80-1 of the
Labor Standards Act, 107 which mandates transparency. Specifically,
Article 42 of the Act for Distant Water Fisheries should include provisions
requiring the disclosure of inspection findings, penalties imposed, and
subsequent follow-up measures. Public reporting by the competent
authority would enhance accountability and transparency in labor
inspections.
(8) Guarantee foreign fishers’ freedom of association and
implement their right to form a union.
Organizing labor unions among fishery workers is challenging, with
low unionization rates. The International Transport Workers' Federation
(ITF) reports that this difficulty arises primarily from the fragmented
structure of the fishing industry, dominated by SMEs. Additionally, in
many countries, fishers traditionally do not earn fixed wages but instead
share profits from catches after deducting costs, making them seem like
self-employed workers. This profit-sharing culture makes union
organization more complicated. Furthermore, the remote nature of fishing
activities, often far from unions typically located in urban areas, adds
logistical hurdles for union organizers. The situation is even more
challenging for foreign fishers due to the prevalence of two-year fixed-term
contracts, high mobility, and multinational crews on the same vessel, which
hinders solidarity.
Freedom of association is the most paramount among the five core
labor standards of the ILO. While Taiwan's Labor Union Act does not
Article 80-1 of the Labor Standards Act:
“For the business entity that is fined for violations of the Act, the competent authority shall
publicly announce the name of such business entity or its owner(s), the person(s) in charge, the
date of the disposition, the violation of the provisions and the amount of the disposition, shall
also order such business to make improvements within a given period; failure to make
improvements shall be fined consecutively.
The competent authority may determine the amount of the fine in accordance with the number
of employees that the violation involves, the number of violations accumulated or the amounts
to be paid according to law.”
107
136
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