台灣移工聯盟(MENT)聲明稿
A Statement by MENT

拖拖拖,家務工無法可保!變變變,勞委會踐踏移工!
譴責勞委會政策的拖延與決議的傲慢

Dragging On and On,
HSWs under No Legal Protection!
Changing Forever,
CLA Tramples upon the Migrant Rights!

A Condemnation of CLA’s
Policy Delay and Arrogance of Power in Resolution Making

家務移工引進十七年了,依然是法外孤兒!
The migrant household service workers (HSWs) have been introduced [to Taiwan] for 17 years, and the legal protection is still beyond the reach of these orphans of labor-right!

2003年劉俠事件起,移工團體串連提出「立法保障家務工」,多次召開研討會、公聽會、記者會、遊行抗爭,並提出「工人版家事服務法」送進立法院,但官方卻一再迴避、拖延。這6年中,已經歷過許多慘痛的家務工因休息不足、休假不夠而導致傷人或自殺的悲劇。

Ever since Liu Hsia event took place in 2003, the migrant advocates had linked together to promote the “legislation for HSWs protection" through many seminars, public hearings, press conferences, demonstrations, and had submitted the workers’ version of “The Household Service Act" to the Legislative Yuan. The government, however, repeatedly chooses to ignore and delay to address the issue. For the past 6 years we have experienced more depressing tragedies where the HSWs, due to lack of rest or day-off, inflicted injury upon others and even took the lives of their own.
2008年8月4日,台灣移工聯盟(Migrant Empowerment Network in Taiwan,MENT)和新任主委王如玄會面,討論將家事勞動者納入勞基法保障事宜。王主委表達對「家務工有法令保障」的支持,並主動說明:「馬英九競選政策白皮書中,立法保障家務工的政見就是我提的。」當場官、勞達成共識,以最快速度修法將家務工納入勞基法適用範圍。MENT成員基於長期面對官方食言的經驗,遂督促勞委會每個月定期召開會議,討論納入勞基法的必要法條修改,以利修法進度之推展。

On August 4, 2008, the Migrants’ Empowerment Network in Taiwan (MENT) met Wang Ru-Xuan, the new Chairperson of the Council of Labor Affairs (CLA), to discuss the inclusion of the HSWs under the protection of Labor Standards Law (LSL). Chairperson Wang Ru-Xuan expressed her support for “the legal protection for the HSWs" and took the initiative to explain: “It was me that raised the policy for protecting the HSWs through legislation in the white paper of Ma Ying-jeou’s [2008] presidential election campaign." Right on the spot, both the representatives of the government and workers reached a consensus to include the HSWs into the LSL in the most rapid way. With the long-term experience of facing a government that habitually breaks its promises, the MENT members accordingly urged the CLA to hold regular monthly meetings to discuss the necessary amendment for [the HSWs’] inclusion into the LSL, with the hope that the amending progress can be facilitated.

討論過程,移工團體要求邀請相關部會及民間團體出席,包括內政部、衛生署、勞保處、及身心障礙團體都派員出席。但正式會議中,勞委會除了應該定期召開的會議經常拖延,應該於會前提供的會議資料經常遲到外,會議的結論中,若需要各部會再行於下次會議前研議修改草案時,相關部會大多未能依決議進行;就勞基法適用的逐條討論的狀況,也多是MENT以民間力量想方設法推進修正草案、而勞委會以倒退的保守心態說不!在勞委會不盡力想出適用性的修正草案的態度下,一整年的討論下來,會議通過的可行的條文,屈指可數。在勞委會不盡力想出適用性的修正草案的態度下,一整年的討論下來,會議通過的可行的條文,屈指可數。

In the course of the [pre-meeting] discussion, the MENT requested [the CLA] to invite relevant ministries, departments and NGOs to be present at the meetings, and the organizations that sent their representatives include the Ministry of the Interior, the Department of Health, the Department of Labor Insurance, and the advocates for the physical and mental handicapped. For the official meetings, however, the CLA, in addition to its frequent delays for the regular meetings and its constant lateness for providing the pre-meeting materials, most of its relevant departments failed to carry out the resolutions reached in the meetings over the need for them to conduct pre-meeting study for the proposed amendment.   As for the “article by article discussion” over the LSL application, it depended almost entirely on the MENT’s efforts in exhausting all possible means to keep the amendment proposal moving, while the CLA just clung to its conservative mentality and kept saying no!  Due to the CLA’s inactive attitude in coming up with any applicable amendment proposal, merely few provisions are adopted as feasible in the meetings throughout the whole year.

在充分瞭解到勞委會並無誠意進行勞基法的修改且如此技術性拖延之後,MENT於2009年6月21日正式以公文書的方式向勞委會表示退出會議。也就在公文遞出後不到2天,即聽聞王主委於6月24日下午召集學者專家討論家務工納入勞基法事宜,會議後王如玄主委一改支持家務工納入勞基法的立場,決議另提專法保障家事服務工勞動條件。

Fully aware of the CLA’s lack of sincerity in carrying out the LSL amendment and its technical drag, the MENT formally wrote an official letter to the CLA on June 21 2009 to express its withdrawal from the meetings. No sooner 2 days after this official letter was handed out than we learned that Chairperson Wang had convened with scholars and experts in the afternoon of June 24, discussing matters relating to the HSWs’ inclusion into the LSL. After this meeting, Chairperson Wang Ru-Xuan abruptly changed her position in supporting HSWs’ inclusion into the LSL, and decided to formulate a separate special law to protect the HSWs’ working conditions.

2003年,工人版「家事服務法」草案即已送進立法院待審。6年來,勞委會未做任何官方版本的回應;2004年8月,勞委會在北、中、南,共舉行了3場匯集官方代表、專家、學者、NGO等參與的大型公開研討會。會中多數學者公開表示,家務工勞動條件的保障問題,應以納入勞基法為宜; 2008年,MENT以納入勞基法為前提,與勞委會進行了將近一年的討論。所有這一切民間的努力與共識,就在王主委參加了一個下午的, 黑箱會議, 之後,被全盤否決、完全推翻!

In 2003 the workers’ version of “The Household Service Act" draft had already been pending Legislative Yuan approval. For 6 years, however, the CLA has not yet responded with any official version. In August 2004 the CLA held a total of 3 major public seminars in northern, central and southern Taiwan respectively, getting official representatives, experts, scholars and NGOs all together. Most scholars in these seminars publicly expressed that it is only proper to include the HSWs into the LSL for the protection of their working conditions. Starting from 2008 the MENT has taken the LSL inclusion as premise for discussing with the CLA for almost 1 year. And all the efforts made and consensus reached by the NGOs have been totally rejected and completely cast off right after Chairperson Wang attended some meeting behind the curtain!

2005年,「反奴工制度」移工大遊行中,MENT即強調「立法保障家務工」不能再拖延,不管是一體適用勞基法,或另立專法,只要能對家務勞動進行基本規範與保護,都是刻不容緩!但勞委會政策反覆,在修法與立法之間, 擺盪,迴避家務移工全年無休的惡劣處境,無視民間團體的努力,展現了官方在政策制訂上的潦草與傲慢!

In the 2005 “Anti-Slavery System" rally for the migrant workers, the MENT has already emphasized that the “legislation for HSW protection" cannot be delayed anymore, no matter [it should be done] through the application of the LSL or the formulation of a special law. As long as it can regulate and protect the basic norms regarding the household services, it is of great urgency. However, the CLA shifts its policies between amendment and legislation constantly, turns a blind eye to the HSWs’ difficult situations of working year-round without any day-off, ignores the efforts made by the NGOs, and displays the carelessness and arrogance of the government in policy making!

MENT全體成員對王如玄主委表示嚴正的譴責與抗議!並將於今年12月國際移民日前夕發動移工大遊行,抗議勞委會政策反覆、踐踏家務工!

All MENT members here express our solemn condemnation and protest to Chairperson Wang Ru-Xuan! And on the eve of the International Migrants Day this December we will launch a major demonstration for the migrant workers to protest against the CLA’s ever-changing policy and trampling on the HSWs!

台灣移工聯盟聲明稿:譴責勞委會政策的拖延與決議的傲慢

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