The Study on Legal System about the Management of Foreign Workers’ Living in Taiwan - Based on the Inspection Data within New Taipei City

• Main Authors: LIAO, WU-HUI, 廖武輝
• Other Authors: WU, Chih-Kuang
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/eg93g7

碩士 === 輔仁大學 === 法律學系碩士在職專班 === 107 === It has been 30 years since the government first introduce foreign workers to work within our country. The foreign worker’s number has reached 706,850 in the year of 2018. These foreign workers come from different countries with different religions, culture, customs and habits. As a result, having these 700,000 foreign workers living and working in our country would definitely bring influences on our economy, social order, labor relations, and employment right. If foreign workers are not able to adjust to the living environment, being unstable at work, or having lots of dispute, these kind of situation might cause social problems and thus influence our citizens. The commonly-seen disputes arise due to working condition and living or working environment. The government then set a “foreigners living care and management project” and make it the employers’ obligation to follow, and also request the local authorities to do inspection. However, we still see lots of foreigners’ protests due to living problem, conflicts with the native due to eating habit, abuses by the employers, or even foreigner’s death due to seriously bad environment. As a result, a discussion on foreign workers living care and management is still necessary. Foreign workers’employment condition and right are same as the natives, which means they are being protected by our labor laws. However, the Labor Standards Act is not applicable to workers in every category. The family caregivers are not entitled to the right of the Labor Standards Act. They do not have the same employment condition as the factory workers. The life care and management standards are also different for these two different types of workers. Is our existing legal system complete enough to solve every kind of complicated problems as mentioned? It’s truly worth discussing about this.Using the background statistics of analyzing the growth of foreign workers in the country, and through practical discussions, we will further analyze the current situation of foreign workers management practices from the existing legal system and practice of the existing foreign workers' living care management system. We’d also focus on discussion on the dormitory factory separation policy and the foreign family caregivers special law protection. Hence hoping to make suggestions for improvement, in order to achieve the protection of foreign workers' life care, work rights, and thus stabilize and reduce disputes.