Labor groups have accused the Council of Labor Affairs (CLA) of showing weakness in failing to require that employers allow caregivers to take one day off per week.
In drafting the Cabinet’s version of the bill to protect the rights and welfare of work-at-home caregivers, the council included a “respite care” clause, which would allow a substitute caregiver to temporarily take over a job so the primary caregiver can take a full day of rest once a week.
However, the “respite care” clause does not include foreign caregivers, who must negotiate the terms under which they can take days off, if any, with their employers.
Taiwan International Workers Association spokesperson Wuo Young-ie (吳永毅) said failing to make it mandatory for employers to allow caregivers to take certain days off was equal to officially legalizing the current practice of refusing to give foreign at-home workers days off.
“On what grounds do foreign workers request days off from their employers?” Wuo asked, adding that foreign workers were at a disadvantage because they did not have any negotiating power and were not able to freely change employers.
As a result, many foreign caregivers work week after week, not daring to ask for a day off for fear of losing their jobs and an important source of income for them and their families, he said.
The association asked why the government was willing to provide “respite care” for at-home caregivers who are Taiwanese, while depriving foreigners of this basic right.
By leaving the decision of whether to allow foreign caregivers to take days off to negotiation between the employer and the caregiver, the council was giving employers a free hand to exploit workers, which is a violation of basic human rights, the association said.
In response to the labor groups’ criticism, the council said the matter was still under discussion and has not yet been finalized, but added that it would do its best to protect the rights of caregivers, foreigners and nationals alike.
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