A Study of Domestic Service Workers’ Rights：Feasibility Analysis of Resolving the Dilemma

• Main Authors: Chai Ying, 柴盈
• Other Authors: 王湧泉
• Format: Others
• Language: zh-TW
• Published: 2009
• Online Access: http://ndltd.ncl.edu.tw/handle/39535421491736582195

碩士 === 國立高雄應用科技大學 === 人力資源發展系 === 97 === Abstract In Taiwan the old persons and people with disabilities amount to three million and thirty thousand. But our social welfare provides less than those people need. And due to the supply of care-giving is unable to meet the demand, the responsibilities for care-giving are always taken by their own families. In our traditional society, the work of care-giving is done by women. And the care-giving role may be taken by daughter, daughter in law, mother and wife. To take care of family, many women can’t go to work and they have to stay at home. Since more and more women are well-educated and career-devoted, the numbers of working women are increasing. Therefore, domestic workers become the first options for those working women in order to provide the housekeeping and care-giving service. To satisfy the demands for plenty of domestic workers, the government agreed to import domestic workers from other countries. By hiring the foreign domestic workers and only paying few wages, the employers can find someone to take care of their families and then they can go to work without concern. Since the government didn’t have enough plans to satisfy this importing policy, it causes a lot of labor and capital issues or social problems. We have the Labor Standards Act which is enacted to provide minimum protections regarding working terms and conditions to most workers in Taiwan. But due to the special working environment, the domestic workers are excluded from the protection of the Labor Standards Act. However, enacting the Draft of Household Service Act is one way of protecting the domestic workers. There are several feasible ways to do. The first one is let domestic workers be covered by the Labor Standards Act. The second is to correct the Employment Act. And the third one is to make the stereotype contract. All of them have their own advantages and disadvantages. And this study discusses all of these ways, especially the Draft of Household Service Act. Through the semi-structure interview, the result can be found that many domestic workers don’t know about the Draft of Household Service Act. And most of the interviewees agree that the domestic workers need a law to protect their rights, no matter what law is. They just need a law to follow and the efficacy of the law will much better than the labor contract. And not only to give the domestic workers basic human rights and respect, but also the government should educate the employers. To teach the employers know that the domestic workers are some kind like assistants to help their hirers look after their families. Besides, one of the results can be found is the long-term taking-care insurance system would be another way to combine the domestic service industry and the responsibility of care-giving. Therefore, the study tries to find a balance between the positive and negative opinions. And it hopes to provide some ideals to enact the relevant laws or policies. And the study also wants to make more and more people can know that the domestic service industry need more concerns and protections. And then improve the situation they face right now. Keywords：domestic workers, The Draft of Household Service Act, women labor force participation rate.