A Year of Human Rights Covenants: Great Leap for Taiwan
National Human Rights Commission, Taiwan
implementation of the Labor Standards Act and
the Act of Gender Equality in Employment, the
protection of pregnant migrant workers is still not
satisfactory due to the ineffective implementation
of the law.
It was in this context that we investigated,
through individual interviews, questionnaire
surveys, consultation meetings, and data
retrieval from various government agencies,
the actual situations regarding the right to work
and the social support network of pregnant
migrant workers in Taiwan. After cross-checking
their actual situations with international human
rights conventions as well as domestic laws
and regulations, we straightened up the actual
situations and difficulties in the right to work
and the support for pregnancy and childcare of
pregnant migrant workers in Taiwan.
Our investigation found that pregnant migrant
workers are entitled to tocolysis leave,
recuperation leave, prenatal visit leave,
maternity leave and unpaid parental leave,
no discrimination due to pregnancy, and job
accommodation under the Labor Standards Act
and the Act of Gender Equality in Employment.
However, these rights are not properly
protected due to language barriers, information
insufficiency, restriction on job change, and
lack of family support. In accordance with the
relevant laws, regulations, and mechanisms
in force, although the responsibility relating to
maternity health is imposed on employers, most
employers believe that pregnant migrant workers
will bring many troubles to business operations
and management, particularly to employers of
home caregivers. Due to workplace limitations
and the nature of work, it is more difficult for
employers of home caregivers to dispatch labor
compared to industry employers. As a result,
conflicts between pregnant migrant workers
and employers may arise and cause many more
difficulties to pregnant migrant workers.
▋ The NHRC visits children of migrant workers at the placement institution.
National Human Rights Commission 2022 Annual Report
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