A Study on the Labor Rights of Foreign Workers: Focusing on the Foreign Nursing Personnel of Care Institutes and Social Service Institutes

• Main Authors: Hsing-sheng Wu, 吳信昇
• Other Authors: 楊通軒
• Format: Others
• Language: zh-TW
• Published: 2009
• Online Access: http://ndltd.ncl.edu.tw/handle/18412711138138324125

碩士 === 國立中正大學 === 勞工所 === 97 === With advancement in R&D and innovation in medical and biotechnology, number of ageing people is increasing in Taiwan. In the age of ageing society, we are seeing greater demand of care for the senior in daily life. To solve the problem of housework when women are engaged in employment market, our government allowed introduction of foreign laborers from 1992 to meet the growing demand of domestic care. By the end of April 2009, number of total foreign laborers working in Taiwan is 344732 among which 172657 are for social welfare, accounting for 50.14%. When utilizing labor force from labor export countries in social economic development and care industry, are we giving laborers the basic labor human right they deserve? This is an issue to be emphasized in the country focusing on human right. The researcher arranges the standard on equal treatment for foreign laborers from the U.N., International Labor Organization and foreign countries and discusses, in light of equal treatment, current protection, laws and regulations and policies on labor human right of foreign laborers in Taiwan and analyzes current conditions of foreign laborers at care institutes. Article 84-1 of Labor Standards Act governs foreign nursing personnel in eight-hour shift turns for years. Yet, care institutes failed to report the additionally agreed working hours with foreign nursing personnel to the local competent authority. Work of foreign nursing personnel is not intermittent and there is no waiting time longer than the working time. To prevent labor, the researcher believes Article 84-1 of Labor Standards Act governing nursing personnel at social service institutes shall be abolished. It is also suggested: 1. revising Article 5 of Employment Services Act, Articles 9, 25, and 84-1 of Labor Standards Act, and Article 16 of Labor Union Law, 2. making specific division of allocation of number of allowed industry foreign laborers and social welfare foreign laborers, 3. loosening the limit of prohibiting change of employer of social welfare foreign laborers when working in Taiwan and 4. offering reward to those with good performance when working in Taiwan to extend working time limit.