(b) Migrant workers
56. In 1992, migrant workers were allowed to work in Taiwan for a period of
two years with a possible extension of one year. In 2015, this work period
was extended to 14 years.72 As a result of this extended working period, the
incidence of children born to migrant workers and the need for family reunions
among migrants inevitably increased. The NHRC initiated a study in 2021 to
determine whether such children have access to the same medical, social
welfare, and educational resources as other children and whether they are
properly cared for. The findings highlighted a weak social support network and
unequal childcare resources that exacerbated the vulnerability of pregnant
migrant workers.73
57. Recommendations: There should be enhanced accommodation measures
for pregnant legal migrant workers. Emergency accommodations should be
provided to migrant workers who need them, and the government should
assist in job matching to encourage employers to hire workers and boost
successful transfers. Efforts should be made to expand and establish a
resource platform for pregnant migrant workers that provides integrated
services and emergency accommodation for expectant mothers.74
58. The issue of stateless children of undocumented migrant workers is one of
some concern to both the CEDAW international review committee and the 3rd
National Report of the ICCPR & ICESCR, and it was included in the concluding
observations and recommendations. An NHRC special report indicates
72
Article 52 of the Employment Service Act stipulates that migrant workers can work in Taiwan for up to 12 years. However,
foreign domestic caregivers who have demonstrated special skills through professional training or self-learning and who
meet the qualifications and conditions set by the Ministry of Labor can apply to extend their work limit to 14 years by
73
74
42
submitting an application form and other required documents.
The special report, titled “How Migrant Workers Raise Children in a Foreign Country” was completed through in-depth
interviews with 33 migrant workers, 4 employers, and 1 broker agent between July 2021 and October 2022.
Pages 107–108 of the NHRC’s special report titled How Migrant Workers Raise Children in a Foreign Country .