Members established under the Act for Distant Water Fisheries .108 The NHRC
is concerned about the significant disparity in labor conditions between
domestically hired and overseas-hired fishers.
86. Recommendations: The Executive Yuan has been promoting the incorporation
of ILO Convention No. 188 on Work in Fishing (C188) into the National Human
Rights Action Plan. It is recommended that the relevant ILO-C188 regulations
be included in the Act for Distant Water Fisheries and its subsidiary regulations
to close the gap between these regulations and the Labor Standards Act .
These revisions would eliminate the disparities that overseas-hired fishers
encounter, which include a lack of social insurance and occupational accident
protection and compensation, insufficient safety and health equipment, and
inadequate basic safety training. In addition, Taiwan can keep abreast of
international standards and improve the labor conditions of overseas-hired
fishers to ensure their equal rights.
(d) Foreign students
87. An investigation by the Control Yuan into foreign students’ employment
which began in 2019 found that 44.1% of employers did not contribute to the
labor pension fund, 33.15% did not provide double pay on national holidays,
33.21% did not offer labor insurance, 31.02% did not pay overtime wages,
18.24% deducted wages illegally, and 11.31% did not meet the required
minimum wage.109 In addition, there were cases of foreign students studying
in Taiwan reportedly being forced by schools to work. Students were forced to
take on work that was unrelated to their studies, and the working conditions
were harsh. Moreover, from 2020 to 2022, there were several cases in which
foreign students from Myanmar, Uganda, and countries included in Taiwan’s
108
109
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NHRC 2022 special report on the Human Rights of foreign fishers: “Road to Migrant Fishers’ Rights”
Control Yuan investigation report approved on January 8, 2020 (109 財調 0006)