Article 5 Measures to Safeguard Various Rights 80. The Surveys of New Immigrants’ Living Needs published by the MOI respectively in 2013 and 2018 indicated that new immigrants faced hardships including hostility, discrimination, unfair treatment, and violence in the workplace. After conducting the two surveys, the government found that new immigrants still reported unfriendly and discriminatory behavior in the workplace. The results showed that the work environment in Taiwan for new immigrants has room for improvement. The government should follow General Recommendation No. 30 to raise awareness of human rights among businesses and assist with building inclusive workplaces where discriminatory working conditions, job requirements, and hiring practices are eliminated. (c) Migrant workers 81. The Employment Service Act restricts the contractual freedom of migrant workers. Migrant workers can only be hired through fixed-term employment contracts. As current regulations do not take into account whether the nature of their work is continuous. In addition, migrant workers are not allowed to choose their employers freely. Any employee with a fixed-term employment contract is inherently put at a disadvantage, and because of this, the Labor Standards Act has adopted stringent restrictions and only allows the use of fixed-term employment contracts under exceptional circumstances. If the work is continuous, the contract must be a non-fixed term contract. However, the opposite is true for migrant workers. Moreover, border control mechanisms deprive migrant workers of the freedom of employment and freedom to change jobs. They are bound to specific employers and jobs and are restricted to providing labor services at fixed locations within a set period of time.105 105 Yang, Y.W. (2021). Do Protections for Workers as an International Human Right Transcend State Borders?: The Hard Case of the Temporary Migrant Worker Programme in Taiwan . Academia Sinica Law Journal, Issue No. 28, 256-268. Chiu, Y.F., & Sung, T.Y.,(2020). A Study on Employment Transfer Regulations of Migrant Workers . NCTU Law Review (Special issue on Labor Law), 15-42. 59