The Catholic Church is strongly against this commercialization of the working opportunities, because it is simply a mechanism of blunt exploitation over the migrant workers. In such a mechanism, the Taiwanese employers, the brokers both domestic and abroad are plotting together, so that the migrant workers, as a minority in Taiwan, are caught in an awkward situation without any protection.

 The Catholic Church believes that “the de-commercialization of the working opportunities” is the final answer to the present exploitation caused by the broker’s system.

 About the agenda of today’s meeting, first we would like to bring up a suggestion that the issue on the broker’s fee system should be prioritized, and one should always ask first: who should pay the broker’s fee, is it the employer or the employee? For this issue is directly related to the solution to the rampant exploitation rendered to the migrant workers in Taiwan. More importantly, if the cost for hiring migrant workers is raised, then the employer would have to rethink about the existent broker’s system. By doing so, we also create more jobs for the local workers in Taiwan. The issue of justice is that no local person should be unemployed. Therefore, if we would like to reduce the unemployment rate of the local workers and the number of migrant workers in Taiwan, we should make the hiring of migrant workers more expensive for the employers.

 Based on the principle of justice and fairness, we profess: Whoever most profited by the migrant workers, should pay for the broker’s fee and service fee. Undeniably, the Taiwanese employers are those who most profited by the migrant workers. These employers not only purchase the labor force with cheap money, they also take advantages of the migrant workers to the extreme to meet their insatiable needs. The Taiwanese employers, for instance, often force the migrant workers to do a lot overtimes because of their cheap labor force and low overtime pay. Hence it is the employers that should pay for the broker’s fee and service fee. To be brief, the users will have to pay the money.

 However, because of the present broker’s system and the fact that the amount of the workers is far beyond the need of the Taiwan society, the situation is further complicated. Due to the lucrative money involved in the trade of broker’s agency, vicious competitions take place among different agencies. The brokers even offer kick-back to the employers?Presently, the understood price for this kind of kick-back goes as high as 50,000NT?, this also encourages the employer’s selling vacancy of jobs by capita to the brokers. Once such vacancy is sold the brokers, then the brokers in turn will sell it to the migrant workers. This means that the migrant workers have to pay for gaining their working opportunities. And such is the reality of the commercialization of working opportunities.

 If , we hope, it is put into regulation that the Taiwanese employers should pay fully for both the broker’s fee and service fee, then a complete overturn will happen to the present logics of the buyers in a labor force market. By this, we will have the working opportunities de-commercialized, and at the same time have the migrant workers exempted from exploitation. After all, the overt number of the migrant workers is not an original sin of the migrant workers.

According to our observance, two social problems began to emerge after the opening up of the migrant worker market in Taiwan. One is the violation of the human right of the migrant workers, the other is the unemployment of the Taiwanese local workers. These two problems, we believe, are actually two facets of the same social problem. One thing we have to understand is that: The cheaper the migrant workers’ labor force is, the more chances of unemployment will happen to the local workers here. The present broker’s system has only caused the labor force to be cheaper and cheaper. This not only violates the rights entitled to the migrant workers, it also worsens the working condition, or even causes unemployment for the local workers. For instance, in order to pay the broker’s fee, the migrant workers often have to do more overtime than the rest of the workers, which means that there are lesser jobs for the local workers.

 If we agree that the employers, instead of the workers, should pay fully for both the broker’s fee and service fee, then about the agenda we have today, we only have to discuss on proposal No. 1, namely, ASSISTING NON-PROFITING ORGANIZATIONS FOR LABOR EMPLOYMENT. For, if the employers are to pay for the fees above-mentioned, then under this circumstance, the brokers will definitely offer the lowest price bid to the employers in their broking business. By so soing, for sure the employers are going to embrace any kind of non-profiting organization, and then a feasible policy is there.

 However, if the present broker’s system is to be remained, then all the proposals given by CLA here today will simply be impossible due to the following reasons:

 I. There is still no room at all for a non-profiting organization to come by, because such an organization can never afford kickbacks to the employers under the present broker’s system.

 II. “Negotiating on a regular basis on issue of a reasonable broker’s fee,” this used to be one of the old government’s old tricks. Unfortunately, there had never been a successful case quite yet. And what is the point for the new government to do this old trick all over again?

 III. “Accommodation fee to be deducted from the worker’s salary, ” this furthermore burdens the minority migrant workers with the already unjust broker’s fee. Why the rich and profiting employers can just walk away without paying any of these fees?

 IV. “Intensify the crackdown on brokers that do not charge money according to the regulations,” another a proposal from the CLA. In fact, presently there are regulations made by the Taiwan government already. The question is: are such regulations fully observed and implemented or not? The answer to this question is self-evident!
 
 

 In the spirit of cooperation we present to the new CLA of Taiwan the following proposals. We trust that we can work together in developing new policies that will further protect the rights of our migrant brothers and sisters who are working diligently for the development of Taiwan.

 Hereafter are our responses to your letter.

 1. Broker system

 - We propose that the monthly stabilization fee paid by employers to the government be used to employ and train more monitors working for the CLA.

 - We propose that the CLA prepares a new policy for direct hiring. As mentioned in your letter country to country hiring, although not working between Vietnam and Taiwan, does not mean that the new CLA's direct hiring will not work between other countries in the future.

 - We propose that the CLA prepares a new policy for broker companies in Taiwan. We, the Catholic NGOs, are willing to assist and help. Our help will be very valuable because it will be based on our own experience in working with migrant workers in Taiwan.

 - We propose that the CLA establishes more Foreign Workers Counseling Service Centers to help migrant workers. At present there are more than 50,000 Indonesian migrant workers in Taiwan. We propose that each counseling center employs an Indonesian social worker.

 - We propose that the CLA invite labor unions in Taiwan to give assistance in setting up Non- profit broker organizations.

 2. Labor Contract

 - We propose that we work together with the CLA in formulating a labor contract which is based on the Taiwan Labor Standards Law, and overseas companies' codes of conduct.

 3. Tax

 - We propose that while a migrant worker is a non resident tax payer, by practice the employer may deduct 20% tax from his/her monthly salary. Once the migrant worker becomes a resident tax payer the employer must refund immediately this withholding tax. This new practice will be monitored by the CLA. If there is any violation by the employer/ broker then the employer will be denied the rights to hire migrant workers, and the license of the broker will be suspended.

 4. Wage Protection

 - We propose that the CLA monitor the enforcement of the minimum wage policy ensuring that no illegal deduction are taken from the migrant workers' salaries.

 - In reference to point 4.2.2 of the CLA's letter, we insist that employers follow the present contract with regards to wage protection.

 5. Care-Takers and Domestic Helpers

 - In reference to point 5.3 of the CLA's letter, we propose that we cooperate with the 18 CLA's Foreign Workers' Counselling Centres to organize post arrival seminars for all migrant workers and their employers. We propose that there be three such seminars in the first year contract. The first seminar will be within the first month of arrival; the second seminar will be at the end of the fourth month; and the third seminar will be at the end of the seventh month.

 - We propose that the CLA formulate a uniform working schedule for domestic workers and care-takers. By doing so the CLA will follow and promote the human rights of these migrant workers in reducing their excessive working hours and giving them sufficient leisure time to rest.

 6. Medical check-up

 - According to the present law if a migrant worker is diagnosed with one of the diseases as stated in their contract article 8.2 has he/she the right to a second medical consultation? If not then we propose that the CLA endorses a policy which allows the migrant worker to have a second medical consultation.

 - Unfortunately we must object to the racial and class discrimination overtones as expressed in article 6.1.2 of the CLA's letter which states that migrant workers are the possible cause of epidemics in Taiwan.

 - In reference to article 6.1.3 of the CLA's letter when will the CLA come out with an official document stating they have lifted the pregnancy ban? How will this be implemented in practice? Will the marriage ban also be lifted?

 7. Occupational Accidents

 - In reference to article 7.2.2 of the CLA's letter we propose that the CLA present a report at the end of each year.

 - With regards to 7.1.3 when will the CLA produce these booklets?

 - With regards to 7.3 we propose that the CLA utilize the stabilization fee fund to train local workers to inspect any serious occupational accident..
 
 

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