The Study on how Foreign Caretakers Protected by Labor Laws in Taiwan

• Main Authors: WANG,CHIA-HUA, 汪家華
• Other Authors: CHEN,MING-HUEI
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/z6tgfz

碩士 === 銘傳大學 === 法律學系碩士班 === 106 === An aged society is a society in which people aged 65 or above account for more than seven percent of the population. It is estimated that the Taiwanese aged society will be even more critical than before so the demand of foreign migrant wokers for domestic care will be highly increasing. Foreign labors take care of senior members in the family so that young members in the family can be fully committed to their job without being distracted by their family duties. In this way, foreign labors play an important role in our society. This thesis is to expect that foreign migrant workers can earn more respect and should be protected on their work; in other words, their rights should be protected by labor law. Blue collar foreign migrant workers are disadvantaged minority. They were permitted to work in Taiwan in 1989. Since then, these foreign workers have contributed a lot in domestic cares, by working 24 hours a day including standby hours. However, few people stand for the foreign migrant workers to assert their rights. At the beginning, this article will start with the background and government policy of introducing the institution of labor immigration and legal relationship between the foreign migrant workers, employers and the agency company. The author will further focus on the relevant Conventions and Recommendation by International Labor Organization to protect foreign migrant workers’rights. Besides, Taiwan’s long-tern care system took effect in 2017; this paper is intended to discuss the foreign migrant worker’s function and position in long term-care system. Finally, the author will list all issues to sum up his opinions and some suggestions for the related regulations in Taiwan.