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.) 74

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