During the Economic Develop-ment Advisory Conference (EDAC), many participates demanded at least one of two policy changes: either remove migrant workers from coverage under the minimum-wage statute, or abolish the minimum wage altogether. Their argument was primarily based on a comparison with other countries, particularly Singapore and Hong Kong. They said that wages for migrant workers in Taiwan were not only much higher than their counterparts' elsewhere, but well above the minimum sum such workers would be willing to accept.
The Council of Labor Affairs argued strongly for the need for a national minimum-wage system, as well as the importance of equal treatment for migrant workers. The council won both battles. The minimum wage was not abolished by the conference, and migrant workers remain protected by the Labor Standards Law (勞基法), with the same basic protections as Taiwanese workers.
The deal hinged on the coun-cil's proposal to include the board and lodging expenses of factory-based migrant workers as part of their salaries for the purposes of meeting the minimum-wage requirement. This proposal, which is in line with the Labor Standards Law and the principle of equal treatment, was accepted by the conference.
The Labor Standards Law does not oblige employers to provide free room and board for employees, whether Taiwanese or not. Nevertheless, for reasons of convenience and safety, and because of requests from workers' home countries, the government demands employers provide free room and board for migrants. This has led to complaints from employers as well as criticism from some Taiwanese workers, who say the practice gives migrant workers preferential treatment.
In the last few years, requests to lower the wages of migrant workers have been mounting.
The council has always been the major advocate of the minimum-wage system and has always opposed any policy which would remove migrant workers from the protections of the Labor Standards Law. But it has faced difficulties in maintaining the requirements of free room and board for migrant workers, because such obligations are not stipulated by law and Taiwanese workers do not receive such benefits.
Taiwan is not yet a contracting party to the two main International Labor Organization (ILO) conventions designed to protect migrant workers -- the Migration for Employment Convention (Re-vised), 1949, (No. 97) and the Migrant Workers (Supplementary Provisions) Convention, 1975, (No. 143). But protection of human rights is a founding value of our country and a high priority for the government. The council therefore insists that migrants should receive the same protections as Taiwanese workers; and that workers should suffer no discrimination based on their age, sex, ethnicity, race, or nationality.
Article 22 of the Labor Standards Law stipulates that the wage may be paid in kind in accordance with a labor contract. The inclusion of room and board expenses in wages therefore satisfies the requirements of the law, provided that it is in accordance with a contract. The council is in the process of setting a reasonable conversion rate as stipulated in the same article of the Labor Standards Law. A number of members of the EDAC proposed that the rate be set between NT$2,500 and NT$5,000.
The council believes the most serious financial issue facing migrant workers is excessive brokerage fees, which originally arose as a result of the sharp wage difference between Taiwan and the migrants' home countries. In addition to legitimate fees, black market "fees" are often charged to migrants as "loans." These fees can be as high as NT$10,000 per month for up to a year.
At the council's suggestion, the conference agreed in principle to enlarge the council's Office of Migrant Workers, to expand its capacity to investigate illegal treatment of migrant workers, including abuse by brokers. The CLA will also work to establish regulations and mechanisms to further reduce and eliminate wage exploitation, whether by companies in Taiwan or in migrants' home countries.
The council believes that human rights principals are fundamental values for our country. We evaluate proposed labor policy changes in the light of these principles and only accept those that do not to violate them. Under this basic criterion, the council is continuing to work to improve the overall economic climate in Taiwan without sacrificing workers' rights.
We fought hard in the EDAC to preserve the minimum-wage system and its application to migrant workers, but we also put forward responses to the legitimate concerns of EDAC members. The scheme we proposed in the EDAC was a reasonable measure, both lawful and non-discriminatory. We will continue, however, to oppose any regulations which discriminate against or create further hardships for migrant workers. The exploitation that the migrant workers are currently suffering is the last thing that the CLA is ready to tolerate.
Chen Chu is chairwoman of the Council of Labor Affairs.
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