I have long advocated legislation to support housekeepers and caregivers. I also believe that the government should play a more active role in the issue. Whether the government shoulders responsibility by reviving the system of care through social welfare, or continues to allow market forces dictate the industry (thereby further distorting the policy of obtaining cheap labor), basic regulations are required to protect the interests of housekeepers and caregivers.
Although the government legalized the introduction of foreign domestic workers and caregivers in 1992 as a means of making addressing a shortage of local workers, it failed to enact any labor laws to regulate the employment of these workers.
It simply let the industry be driven by the market, and did not even regulate working hours, the number of days of leave to which each employee is entitled, job scope or working conditions.
Since families with seriously ill patients are often reluctant to allow foreign workers to go on leave, manycaregivers have been victims of the government's dereliction of duty.
Over the years, workers' groups have kept urging the government to enact a household service law. However, the Council of Labor Affairs is favoring using "fixed labor contracts" on the grounds that each situation of employment has different characteristics. If such contracts are used, civic groups attempting to uphold the rights of foreign laborers would not have to solicit support to back up their cause.
When either the employer or the employee violates the regulations stated in the contract, it would become a civil dispute, which has to be settled through court proceedings. Locals are barely able to cope with the time-consuming process of civil litigation, so how can we expect a foreign worker, who might be forced to leave the country any time, to deal single-handedly with such a matter? The proposal to use fixed labor contracts is simply a way of allowing the authorities to shirk their responsibilities, further marginalizing housekeepers and caregivers and lowering their status.
Over the years, both the Chinese Nationalist Party (KMT) and the Democratic Progressive Party (DPP) government have failed to play a more active role in solving the issue, but instead allowed management and employees to directly negotiate with one another.
Foreign workers and caregivers have long been isolated and confined. In addition, it is also very difficult for them to access different types of social resources in their capacity as foreign workers. Therefore, the government has to become actively involved and set up regulations so that it has a legal basis for arbitrating disputes. The shortcomings of the industry cannot be left to the mercy of market forces. Before the government takes full responsibility for providing care, it must be able to provide transitional, short-term caregivers so that families with seriously ill patients and caregivers will have time to relax and rest.
The issue is one the government cannot avoid. Before a sound social welfare program comes into play to care for needy families, legislation protecting the basic rights of employees and employers alike is absolutely essential.
Ku Yu-ling is secretary-general of the Taiwan International Workers' Association.
TRANSLATED BY DANIEL CHENG
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