The Ministry of Labor (MOL) has published guidelines on the rights of female migrant workers and their children, which compile existing rules and resources for pregnant migrant workers and those with young children in Taiwan.
The document, titled “Guidelines to Protect the Rights of Female Foreign Workers and Their Children,” is in Chinese, English, Bahasa Indonesia, Vietnamese, and Thai.
It brings together information scattered across the jurisdictions of several government agencies to make it easily accessible and to better inform the public of their rights, the MOL said in a statement Monday when the guidelines were unveiled.
Photo: Lee Chin-hui, Taipei Times
Infographics in Chinese, English, Bahasa Indonesia, Vietnamese and Thai have also been published on the website.
The document covers pregnancy, childbirth, and childcare and is based on input from the migrant groups, the MOL, the Ministry of Health and Welfare, the Ministry of Education, and the National Immigration Agency, according to the MOL.
It includes reminders on adopting contraceptive measures, and offers information on shelters for pregnant migrant workers, maternity leave rules, healthcare services covered by the national health insurance system, and information for migrant workers who need to switch jobs after giving birth.
How much the guidelines will actually address the issues faced by migrants remains unclear, even if the MOL has invoked them in response to controversies involving female migrant workers.
In a case that occurred in October 2024, for example, an Indonesian domestic caregiver made headlines after she gave birth on her own at the home of the elderly person in her care, prompting speculation that she was worried about being fired for becoming pregnant.
The MOL noted then in response that it was planning “guidelines for pregnant migrant workers” to better inform pregnant migrant workers of the resources available to them.
Lee Kai-li (李凱莉), a director at the Garden of Hope Foundation that supports migrants, commended the MOL for publishing the guidelines, which she said conveniently bring together the majority of rules and regulations regarding migrant workers in one place.
But she pointed to a major omission -- the document neglected to mention the legal liability of employers should they break these rules.
Although the guidelines mention the 1955 hotline used by migrant workers when they file complaints about their employers, this is common knowledge, and the responsibility for protecting migrant caregivers rests with local government authorities, she said.
In many cases, employers who illegally fire pregnant migrant workers have gotten away with their offenses by paying the workers severance after arbitration, Lee said.
“Local governments do not seem to think firing migrant workers illegally is something serious,” she said.
“If local governments wish to refrain from fining businesses, they should proactively communicate with business owners about this issue,” Lee said, expressing the hope that the guidelines will serve as a reminder to local authorities that the law must be enforced.
The MOL’s Workforce Development Agency (WDA) said it will promote the guidelines through various channels, including through the LINE app, radio, the Foreign National Labor Rights Portal, events held by NGOs, and the training program migrants are required to attend before starting their jobs in Taiwan.
People who have questions regarding the rights of female migrant workers and their children can contact the Integrated Service Center for Migrant Women and Children by calling 03-2522522 (Taoyuan), 04-8396532 (Changhua), 07-6156926 or 07-6156900 (Kaohsiung).
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