V. Migrant Domestic Workers V. Migrant Domestic Workers CEDAW Articles 2, 11 ∣ SDGs 5, 8 Response to 2022 CEDAW Report 11.45-11.48 20. The Labor Standards Act does not apply to migrant domestic workers with respect to wages, working hours, leave, and other labor conditions, as well as rights and benefits during pregnancy and after delivery, which are only agreed upon in a written contract.30 The workers have to work full time while living in the employer’s home, are not able to change employers freely, and are prone to maltreatment, which may result in workers leaving the family without notification and becoming undocumented. In addition, migrant domestic workers are not included in the long-term care system, leading to an onerous caregiving burden on workers and the inability of families to spread caregiving risks.
30 According to the model labor contract provided by the MOL in its written reply dated February 7, 2022, the basic wage for migrant domestic workers is set at NT$17,000, which shows a significant gap with the basic wage of NT$25,250 in 2022 in Taiwan. The contract does not specify working hours, which makes it difficult to distinguish work time from rest time. The duration of continuous rest and time to stay on call at night is not specified, either. Although the contract requires the employer to give the domestic worker one day off every seven days, the employer can require the worker to work on days off without paying reasonable overtime compensation. Most employers pay an average daily wage of NT$567 for overtime.
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