CONTROL YUAN, TAIWAN | CY issues correction to Ministry of Labor and New Taipei City Government on forced unpaid leave to foreign fishermen

An investigation conducted by Control Yuan (CY) Members Hui-Jung Chi and Yu-Ling Wang has found that after the end of Taiwan’s neritic squid fishing season in September 2023, employers and agents flexibly adjusted fishing manpower using “consensual termination of contract” to avoid requirements of the Labor Standards Act. As a result, 64 foreign fishermen were forced to take unpaid leave, denied the three-year guarantee of work in their contracts, and not given severance pay. The CY has proposed corrective measures against Ministry of Labor (MoL) and New Taipei City Government for their long-term failure to be aware of such characteristics of the fishing industry and provide timely relevant assistance, as well as for their failure to uphold labor rights as set forth in the Labor Standards Act, seriously downgrading Taiwan’s image and human rights reputation through serious misconduct.

The Labor Standards Act must apply to the working conditions of foreign fishermen employed for offshore fisheries in Taiwan. Therefore, employers must pay full monthly salary even if the foreign fishermen do not work during the off season or per their employer’s instructions. Severance pay should also be provided in the event of their being forced into unemployment. Moreover, while fishermen are waiting to change employers, their original employers are still responsible for taking care of their living.

The CY Members also pointed out that several revisions and improvements should be made in regard to supporting measures to accommodate a lack of fishing during the off season, the transfer conversion system after contracts between employer and labor are terminated, and precautionary and notification mechanisms by related government authorities, including MoL, the Fisheries Agency of the Ministry of Agriculture, and New Taipei City Government. Furthermore, in order to ensure the working condition of fishermen, domestic and foreign workers should be treated equally, as stated in ILO Work in Fishing Convention No.188 (ILO C188), the international standard for guaranteeing the human rights of foreign workers, as well as the international review of ICERD. There should be no differences in human rights protections regardless of nationality or identity, and there should be room for discussion on strengthening the protections of the rights of foreign fishermen through legislation.

Source: The Control Yuan, Taiwan