| Subject: Amendment Proposal:Taiwan Artical 60 of the Employment Service Act |
Author:
Gi
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Date Posted: 02:51:01 05/03/06 Wed
Dear Friends,
Below is the bilingual statement on moves to amend Art. 60 of the employment service act and introducing a guarantor system for migrant workers. A number of organizations and individual have already signed the statement. You can add yours up to tomorrow noon before we send this to the press.
Looking forward to your positive response.
Gi
Oppose Amending Art. 60 of the Employment Service Act!
Oppose the Guarantor System!
反對就業服務法第六十條修法！
反對擔保人制度！
We are against a proposal to amend Article 60 of the Employment Service Act (ESA) in the Legislative Yuan. This pertains to the employer¡¦s responsibility to pay for the airfare and detention fees of foreign workers who are legally deported by police authorities. This includes those caught or who surrender for overstaying in Taiwan and for escaping from their employers.
我們反對送進立法院的就業服務法六十條的修法草案。根據這個草案，雇主不再需要負擔那些被警方合法驅逐出境的移工的機票及拘留費用。這也包括了那些逾期居留被逮捕或自首的移工，以及逃跑移工。
This is the last nail to the coffin of the migrant workers, so to speak. In practice, many employment contracts especially for caretakers already indicate that employers have the right to deduct the workers¡¦ unpaid salary and bank deposit to pay for the repatriation and detention costs of the latter. In addition to this, there are also agreements made between the Council of Labor Affairs (CLA) and their counterparts from labor exporting countries for a guarantor system to ensure payment for these costs.
這對移工處境來說，無疑是雪上加霜。事實上，許多工作契約（特別是看護工）已經允許雇主從移工的薪資及銀行存款扣款來支付遣送回國以及拘留所需要的費用。此外，勞委會和輸出國的有關當局還協議要建立擔保人制度來確保這些費用的支付。
We wonder at the legality of the said contracts and even the agreements made by the CLA with its foreign counterparts. It is very clear that these are in violation of Art. 60 of the ESA in its present and not yet amended form.
我們懷疑這些契約的合法性，同時也質疑勞委會和輸出國當局此項協議的正當性。很顯然地，這些是違背目前的就業服務法第六十條的規定。
The amendment is being made at a time when the CLA announced publicly an increase in the penalty for so-called ¡§illegal¡¨ employers and workers. In essence this is a crackdown on undocumented migrants and criminalizes them. This may even lead to human rights violations, as many migrants who surrender or caught by the police are intimidated into pinpointing who their illegal employers are. If not, these migrants who have no access to legal counsel would be told that they would not be repatriated.
就業服務法修法的提出，恰逢勞委會公開宣佈將對非法移工和雇主加重罰金。這個措施是對非法移工的打擊和入罪化。這將導致人權的侵害，因為不管是自首或是被捕的非法移工將被迫去指認他們的非法雇主。如果他們不這麼做，警方將以拒絕遣送回國來威脅這些沒有任何法律協助途徑的移工。
Such a method in dealing with undocumented migrants will not also solve the runaway problem among the workers. The CLA instead should seriously address why the migrants abscond from their work. These include heavy workload, inadequate food, physical and sexual abuse, as well as excessive, illegal collections of fees by manpower agencies. Other reasons why migrants run away is that they were going to be arbitrarily repatriated and their employment contracts have expired.
這些對付非法移工的手段根本無法解決移工逃跑問題。面對逃跑問題，勞委會首先應該嚴肅的面對移工逃跑的原因。這些原因包括了過度繁重的工作負荷、差勁的食物、身體虐待和性侵害，以及人力仲介公司高額非法的收取費用。另外，即將被任意的遣送回國和工作契約即將到期，也都是移工逃跑的原因。
Legislators should be also aware of these problems and be persuaded not to amend the ESA and impose a guarantor system. They should also be swayed into a halt to the crackdown on undocumented workers and of criminalizing them, as these are not the solutions to the runaway problem. A better option would be to introduce an amnesty system on undocumented migrants and address the causes why they runaway.
立法委員應該對這些問題有所瞭解，而反對就業服務法關於建立擔保人制度的修法。他們也應該反對對非法移工的打擊和入罪，因為這些措施無法解決逃跑問題。更好的方式應該是建立非法移工的特赦制度，以及正視他們逃跑的原因加以解決。
Asia Pacific Mission for Migrants (APMM)
Awakening Foundation
Labor Rights Association (LRA)
Migrante Sectoral Party (MSP) – Taiwan Chapter
Rerum Novarum Center (Catholic)
Taiwan Migrants Forum
Fr. Loloy Napierre, MSP - Center for Migrants’ Concerns - Central Taiwan (CMCCT)
Andy O’brien – writer and musician
SSETT_Taiwan
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