According to the MOL’s written reply, currently only a small number of
migrant workers have joined company unions, which are mainly formed
of Taiwanese workers, and there are only five labor unions that are mainly
composed of migrant workers.128 The NHRC notes that even though no legal
restrictions exist, compared with Taiwanese workers, the number of migrant
workers organizing unions is extremely small, and the number of migrant
workers joining labor unions formed by Taiwanese workers is also limited.
Due to the difficulties involved in exercising the right to association, migrant
workers are subject to a relatively vulnerable social status.129
104. Recommendations: In accordance with §35 of General Recommendation No.
30, all individuals are entitled to the enjoyment of labor and employment rights,
including the freedom of assembly and association from when an employment
relationship has been initiated until it is terminated. The government should
support migrant workers efforts to freely organize and join labor unions and
take active measures to increase the unionization rate of migrant workers so as
to reduce barriers between different races and ethnic groups.
P. Right to public health, medical care, social protection, and social
services
(a) Indigenous peoples
128
Supplementary information provided by the MOL after the NHRC’s 1st government agency meeting. According to its
written reply dated February 24, 2023, the 5 unions are the National Domestic Workers’ Union under the jurisdiction of
the New Taipei City Government (55 members), the Domestic Caretakers Union under the jurisdiction of the Taoyuan City
Government (31 members), the Yilan Migrant Fishers Union under the jurisdiction of the Yilan County Government (89
members), the Keelung Migrant Fishers Union under the jurisdiction of the Keelung City Government (36 members), and
129
the Pingtung County Migrant Fishers Union under the jurisdiction of the Pingtung County Government (30 members).
Due to the nature of their work, it is difficult for migrant workers to organize a union within a company. Migrant workers
can only enter into fixed-term labor contracts, and the duration of such contracts is inconsistent, making it difficult for
them to join a union on a long-term basis. In addition, other factors such as language barriers, membership fees, and a
lack of familiarity with the law all pose practical difficulties for them in organizing unions. (Lin, L. J., (2020). The Exercise
and Protection of the Right to Solidarity of Foreign Workers (Migration)—ILO Convention, Trade Union Organization
Practices and Policies . NCTU Law Review (Special Issue on Labor Law), 263-264.)
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