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Letter: Law protects foreign workers

Regarding the letter by Chaim Melamed (Letters, Jan. 19, page 8), I would like to solemnly clarify the allegations that foreign workers' human rights lack government protection, that they are paid low salaries, that they have to pay unreasonable broker's fees, and the severe and incorrect interpretation of the policies and regulations currently executed by the government.

The Council of Labor Affairs has abided by the principle of the Universal Declaration of Human Rights, Article 7, that all people are equal before the law and are entitled without any discrimination to equal protection by the law. The council ensures that foreign workers are entitled to the same protection as Taiwanese workers by adopting the concepts of equal treatment and human rights that the nation was founded on.

According to the Labor Standards Law (勞基法) and other related regulations, the basic wage of workers in occupations specified in the law shall not fall below a stipulated amount. Workers in occupations not covered by the Labor Standards Law shall receive wages according to the amount specified on their signed labor contract, negotiated by both the worker and employer based on the principles of honesty and credibility.

The letter published in the Taipei Times stated that the monthly salaries received by foreign workers are less than half the amount received by local workers, and implied that foreign workers are being exploited.

Salaries are agreed upon by both the employer and the worker under legitimate circumstances, as both parties hold sufficient autonomy to decide whether or not to recognize the labor contract. Therefore, it would be inappropriate for the government to exert excessive interference in the employer-worker relationship, for this violates the principles of both free labor and international labor employment markets.

Taiwan provides workers with the protection of minimum wages for the purpose of covering their basic living expenses, not to adopt the same salary standard for all workers across the board.

Furthermore, to address the issue of whether the broker's fees paid by foreign workers are reasonable, since the need for brokerage services originated in the employment services market, the Council of Labor Affairs is obligated to manage and determine the standard charges levied by brokerage services.

If such charges were manipulated solely by the brokerage operators, it would obviously have disadvantageous consequences because of the disproportional amount of information held by the employers and workers.

To safeguard the public interest, the government should therefore actively exercise power by effectively managing the workers and employers that use brokerage services.

In regard to Melamed's allegation that foreign workers are being exploited, the Council of Labor Affairs stresses that brokers' fees should be set at a reasonable level in accordance with the regulations.

If the government were to waive the right to promulgate laws and regulations to avoid complicated and controversial labor issues, it would have an adverse effect on the rights and benefits of workers, and subsequently prompt objections from the international community.

The letter also mentioned the lack of protection for those who were immediately repatriated for their involvement in the Kaohsiung MRT labor riot, and that their letters of grievance went unprocessed by the authorities.

Although the law protects the interests of foreign workers, they are bound to abide by the laws and regulations of the Labor Standards Law just like local workers. Any illegal acts are subject to trial in a court of law, which corresponds with the principles of governing a country.

Upon receiving any appeal or report of illegal acts by any member of the public, the authorities are bound by duty to investigate the facts of the case, collect evidence and determine the processing procedures according to law. It is also the duty of the authorities not to pursue cases based on groundless suspicions, since this would clearly jeopardize the rights and benefits that foreign workers are entitled to.

The Council of Labor Affairs welcomes any evidence of illegal or inappropriate behavior from a member of the public against any official authority, and their claims will be prosecuted in accordance with the law.

Safeguarding the rights and benefits of foreign workers has consistently been the general policy adopted by the Council of Labor Affairs.

Improving the working environment and augmenting the rights and benefits of foreign workers have been Council of Labor Affairs Minister Lee Ying-yuan's (李應元) objectives since he took office.

In the future, the Council of Labor Affairs will consider the direction of policymaking on human rights preservation by using measures adopted by international labor or immigrant organizations as a reference for protecting the human rights of foreign workers in Taiwan and in making future plans to safeguard their rights and benefits.

Tsai Meng-liang
Director, Foreign Workers Affairs, Bureau of Employment and Vocational Training, Council of Labor Affairs
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