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TITLE: TAIWAN HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
e. Acceptable Conditions of Work
The Taiwan Labor Standards Law (LSL) mandates labor standards.
According to the CLA, in May the law covered 3.54 million of
Taiwan's 6.1 million salaried workers. The law is not well enforced in areas such as overtime work and pay or retirement
payments.
The law limits the workweek to 48 hours (8 hours per day, 6
days per week) and requires 1 day off in every 7 days. As of
August, the minimum wage was set at approximately $540 (NT
14,010) per month. This is less than that needed to assure a
decent standard of living for a worker and his family.
However, the average manufacturing wage is more than double the
legal minimum wage, and the average for service industry
employees is even higher.
The 1991 revised Occupational Safety and Health Law enlarged
coverage to include workers in agriculture, fishing, and
forestry industries and appeared to strengthen penalties for
safety violations; however, it still provides only minimal
standards for working conditions and health and safety
precautions. Article 13 of the Occupational Safety and Health
Law gives workers the right to remove themselves from dangerous
work situations without jeopardy to continued employment. Some
critics see the law as a step backward; they note, for example,
that general contractors are not responsible for the safety of
those working for subcontractors under the revised law.
The 1993 Labor Inspection Law was designed to strengthen the
enforcement of labor standards and health and safety
regulations. It increased the number of enterprises and types
of safety issues to be inspected; gave inspectors
quasi-judicial rights; required preexamination of dangerous
working places such as naphtha cracking plants, pesticide
factories, and firecracker factories; and raised penalties for
violations. Critics say, however, that the CLA does not
effectively enforce workplace laws and regulations because it
employs too few inspectors. In 1994 there were fewer than 300
inspectors for the approximately 300,000 enterprises covered by
the Occupational Safety and Health Law. Because the new law
expanded coverage to include more enterprises, the inspection
rate actually declined. Since most enterprises are small,
family-owned operations employing relatives who will not report
violations, actual adherence to the hours, wage, and safety
sections of various labor laws is hard to document but is
thought to be minimal in the smaller enterprises.
Because of Taiwan's acute labor shortage, there has been a
legal influx of foreign workers in the last several years. The
law stipulates that foreign workers who are employed legally
receive the same protection as local workers. However, authorities say that in many cases illegal foreign workers are
given board and lodging but no medical coverage, accident
insurance, or other benefits enjoyed by individuals from
Taiwan. In addition, critics say that conditions in many small
and medium-sized factories which employ illegal labor are
dangerous, due to old and poorly maintained equipment. Illegal
workers remain vulnerable to exploitation, including
confiscation of passports, imposition of involuntary deductions
from wages, and extension of working hours without overtime pay.
In October a Council of Agriculture survey showed that 75
percent of boat owners admitted to hiring illegal mainland
Chinese seamen to work on fishing boats. Because of Taiwan
restrictions on the entry of mainlanders (see Section 2.d.),
the mainland fishermen were generally poorly housed on
"floating hotels" located 12 nautical miles offshore, outside
Taiwan's jurisdiction; 90 percent of the owners called
conditions on these floating hotels inhumane. The plight of
these workers was highlighted in July when one of several
floating hotels was caught in the first typhoon of the season
and sank, drowning 10 mainland workers and one from Taiwan.