Independent Opinion of CEDAW
Labor Conditions and Personal Safety of Migrant
Domestic Workers
21. Starting December 1, 2020, families of people with disabilities who
employ migrant domestic workers have access to respite services,
but the number of service users, number of service sessions,31 and
the budget implementation rate are low.32 Moreover, the government
provides respite services for only 14 to 21 days per year, depending
on the degree of disability of the care recipient, and there is a lack of
substitute workers, making it difficult to meet the demand for care
while pregnant migrant workers take bed rest or maternity leave.
22. Even though the Labor Standards Act does not apply to migrant
domestic workers in relation to working hours during maternity
leave, pregnancy, or breastfeeding,33 employers are prohibited from
discriminating against or arbitrarily dismissing them under the Act for
31
According to the MOHW’s written reply dated January 28, 2022, from January to November
2021, among those who employed migrant caregivers and who were evaluated to be at Level
2-8 in terms of long-term care needs, 21,314 people applied for respite services, and 218,869
services were used. This represents a utilization rate of 8.2%, compared to 2,669,889 service
sessions provided by migrant caregivers from January to November 2021.
32
According to the MOL’s written reply dated February 7, 2022, it has subsidized the respite
services for families employing migrant caregivers launched by the MOHW on December 1,
2018, with each ministry contributing half of the required funding. In 2021, the MOL set aside
a budget of NT$182 million for the Employment Stability Fund to provide respite services for
families employing migrant caregivers, but only NT$81,743,454 was actually used, at a budget
utilization rate of 44.91%.
33
The Labor Standards Act stipulates that female workers shall stop working before and after
childbirth and be granted maternity leave for eight weeks. Those who have miscarried after
three months of pregnancy should stop working and be granted maternity leave for four weeks.
During pregnancy or breastfeeding, employers should provide 30 minutes of breastfeeding or
pumping twice a day, which is deemed as working time.
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