Article 5 Measures to Safeguard Various Rights
migrant domestic workers from exploitation and abuse, these improvements
fall short of ensuring the equal treatment of migrant domestic workers and
local domestic workers. The Committee recommends that the government
incorporate ILO Convention No. 189 on Domestic Workers into domestic law
and take immediate steps to reduce the pay gap between local and migrant
workers in order to protect the fundamental rights of domestic workers.
84. Recommendation: The NHRC believes that, while in recent years the
government has gradually improved the working conditions of migrant
domestic workers by expanding respite care services, providing short-term
care services to increase leave days, and adjusting the minimum monthly wage
to NT$ 20,000 in August 2022, significant differences between local workers
and migrant domestic workers remain.107 The MOL should communicate with
the public and propose concrete measures to close the gap.
85. The Road to Migrant Fishers’ Rights, published by NRHC, indicates that since
August 1, 1984, the Labor Standards Act has been applicable to all domestically
hired fishers, regardless of nationality. Nevertheless, the Labor Standards
Act does not apply to fishers on fishing vessels in distant water fisheries who
were employed overseas. Rather, they are governed by the Regulations on
the Authorization and Management of Overseas Employment of Foreign Crew
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According to the reply of the Ministry of Labor dated January 13, 2023, the labor shortage during the pandemic led to
many disputes regarding requests for job transfers and salary adjustments. The Ministry of Labor approved a resolution in
the Employment Security Fund, which, while accounting for the economic burden of employers, raised the monthly salary
of foreign domestic workers from NT$17,000 to a more equitable NT$20,000 on August 10, 2022. In addition, employers
who implemented salary adjustments were provided with salary subsidies. The goal of this measure was to promote
harmonious labor relations, improve the overall management of foreign domestic workers, and ensure a stable source
of foreign domestic workers. Moreover, Taiwan’s minimum wage regulations have been made applicable to industrial
migrant workers. Starting from January 1, 2023, the minimum monthly wage was adjusted to NT$ 26,400, and the hourly
minimum wage was adjusted to NT$ 176.
According to the reply from the Ministry of Labor dated February 24, 2023, the Ministry of Labor and the Ministry of Health
and Welfare have jointly implemented a Short-term Replacement Care Service Plan for foreign domestic workers. When
a migrant domestic worker is on leave, expanded respite care and short-term care services can be provided through the
program. Together, the services offer a combined total of a year and 52 days of care. This measure aims to ensure that
foreign domestic workers are entitled to one rest day per week.
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