Day-off for caregivers, helpers in Taiwan sought

The Asia Pacific Mission of Migrants accused the Taiwan government on Thursday of violating the human rights of domestic helpers and caretakers by depriving them of days off.

In a press statement, the Hong Kong-based migrants’ advocacy group cited Article 23 of the Universal Declaration of Human Rights, providing for the right to just and favorable conditions of work.

“The right to a day off is specified more precisely in Article 7, letter D of The International Covenant on Economic, Social and Cultural Rights of the United Nations which guarantees: Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays," APPM invoked.

Government data show that as of end 2005, at least 120,000 Filipinos are working in Taiwan, mostly as domestic helpers and factory workers.

Taiwan's Council of Labor Affairs reiterated that foreign caretakers and domestic helpers can only avail themselves of days off if their employers would agree.

“In essence the Taiwan government violates the Universal Declaration of Human Rights," APPM said.

The group also viewed as “discriminatory" the CLA's position that it is "technically infeasible" for household service workers to be covered by the Labor Standards Law.

“These kinds of workers had been covered by such a law before and those caretakers working in nursing homes and hospitals are already covered since five years ago. There is no difference between the work of a caretaker in a nursing home and one in a private one. The only difference is the work place," the APPM statement explained.

The right to a day off, the group said, is a basic universal human right that workers are entitled to. “The United Nations adds that such rights are not granted or given to workers by governments or employers," it said.

“The official position by the CLA as announced by Deputy Chairwoman Tsao Ai-lan is just to urge local employers to give their foreign employees some days off. This smacks of making the migrant workers at the mercy of their 'employers', which is a slave like condition," APPM stated.

It also disputed the statement of Tsao Ai-lan that the work load of a caretaker is light because they just take care of those who are incapable of moving. “Has the CLA official tried to lift a person bigger and heavier than himself as most caretakers do given that most of them are women? “ the group asked.

“At the same time, the CLA is ignorant or looks the other way around on the real workload and situation of foreign caretakers," the statement said.

APPM cited its survey conducted last year with the assistance of Migrante - Taiwan chapter, which showed the following:

-- 64% of caregivers take care of old people or sick/disabled persons while 18% take care of more than one person. The rest take care of children. All do other kinds of work in the household that makes them essentially work also as maids.

-- 75% do more than one household chore including cooking and cleaning plus taking care of dogs and even of doing illegal work like being made to clean the office. In effect, even doing household work is illegal as the job description is just to take care of a person and nothing more.

Because of this work conditions, APPM said majority of household workers are clamoring for a day off because they are already on 24 hours call, with many rendering 12 or more hours a day of work and yet are not given a rest day.

“It is also the reason why many of them are angry why they were not included in the increase of the minimum wage on July 1, 2007 given their working and living conditions," the APPM statement said.

As a consequence of having no days off, foreign caretakers and domestic workers also do not have religious freedom in Taiwan. “Most religions require their believers to go to their religious services once a week. That is why in earlier times, the day off was even termed as Sabbath Day," APPM said. - GMANews.TV

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