D. Right to security of person
50. Studies indicate that without the right to change their employment or terms of
employment, migrant workers are at a heightened risk of exploitation. If they
are burdened with large debts, their situation might also align more closely
with that of bonded laborers. The ILO’s Assembly of Experts has stated that
an employment system that leaves migrant workers extremely vulnerable and
severely undermines the power balance between employers and employees
constitutes discrimination against migrant workers.60 The NHRC has noted that
migrant workers face a higher risk of forced labor. This is especially applicable
to undocumented migrant workers, who commonly encounter problems such
as restrictions on their freedom of movement, ID seizure, forced overtime,
inadequate compensation for their labor, or debt bondage resulting from
excessive broker fees and loans that lead to deductions from their wages.61
Migrant domestic workers can find themselves isolated and vulnerable, and
facing issues such as a lack of rest, verbal or physical abuse, and poor living
conditions due to their employment conditions and long-term residence in
their employers’ homes.62 It is recommended that authorities work jointly to
adopt proactive measures to prevent labor exploitation and mitigate the risk
of forced labor for migrant workers.
51. The government’s current approach to decreasing broker involvement in
migrant worker contracts within the National Human Rights Action Plan is to
ensure ongoing verification of labor contracts in the workers’ home countries.
The MOL explains that this step involves the establishment of systems for
60
61
62
38
Yang, Y.W., (2021) Equal Labor Rights Across Borders? — On the Limitations on Equal Protection of Labor Rights Facing the
Temporary Transnational Migration System . Academia Sinica Law Journal 28, 240–269.
Paragraph 47, General Comment No. 23 of the International Covenant on Economic, Social, and Cultural Rights.
Page 152 of A Review Study on Taiwan’s Situation and Development of Migrant Workers in Social Welfare through
International Labour Convention s.