獨/波蘭廚師遭資遣掀歧視風波 勞工局回應了 | Taichung official responds to discrimination claim against Polish chef

The Polish chef and his Taiwanese wife have lived in Taiwan for four years. (Photo courtesy of Ms. Chiang)

【看CP學英文】在台四年的波蘭廚師才剛受聘於台中某間餐廳,沒想到不到一個月的時間突然被資遣,他的妻子江小姐認為是因為餐廳歧視惡意將丈夫炒魷魚,向台中勞工局申請調解卻被勸「太太接近生產,建議你撤案」,讓妻子覺得其單位偏袒資方,如今台中勞工局也已給予回應解釋當時勸導背後的考量。

The story of a Polish chef who was hired by a Taichung restaurant and dismissed less than a month later has raised eyebrows among the members and friends of Taiwan’s foreign community.

His wife, surnamed Chiang, argues that her husband was a victim of workplace discrimination so the couple took the case to Taichung City’s Labor Affairs Bureau, only to receive a dismissive note back.

In response to Chiang’s inquiries, The China Post contacted the Labor Affairs Bureau which put some light on its previous statement.

江小姐在與The China Post訪問中表示,先生是波蘭籍,來台雖然已經四年了中文能力還是不穩,因此都由她協助先生洽談工作。近日,先生收到台中某家知名餐廳的邀約,先生請辭了原本待遇尚好的工作,決定到此家餐廳當廚師。

Chiang explained that her husband’s Chinese language skills are still a bit rusty even though he has been in Taiwan for four years, so she was helping him to look for a job when the story unfolded. 

He first received a job offer from a well-known restaurant in Taichung so he decided to move forward with his career plans to become a chef.

由於江小姐懷有身孕,表示餐廳在洽談工作內內容時表示,店內有六位廚師,可以準時下班,而廚師的英文能力也相當好,所以不必擔憂語言不通的問題。

Chiang, who is pregnant with her second child, recalled that during the job interview, the head chef claimed that, with six chefs in the kitchen, working overtime was not necessary and the staff’s English skills were all very good so there was no need to worry about the language barrier.

沒想到六月初到職後,發現整個廚房實際上只有一位廚師可以英文溝通,除此之外,廚房內也只有三位廚師造成人手不足要加班。雖然先生有盡可能配合,但還是有明確向主廚表達他是有家庭的人,且女兒只有兩歲,太太也接近預產期,希望公司可以補足人手,讓他可以準時下班陪家人。

However, Chiang’s husband was surprised to find on his first day on the job that only one chef in the entire kitchen could communicate in English, and on top of that, there were only three other chefs at the restaurant. 

Although he did his best to cooperate, he still made it clear to the head chef that he had a family, a two-year-old daughter and a wife who was expecting a baby, and that he hoped the company would be able to allow him to leave work on time to be with his family.

結果630日主廚卻告知江小姐,由於先生是外籍人士,只能用英文溝通,又堅持要準時下班,故不適任,予以資遣。

One month later, however, the head chef informed the husband that they had no choice but to dismiss him because of his poor Chinese skills and his decision to leave work on time. The contract was terminated on June 30.

憤恨不平的她認為這件事嚴重違反就業平等法也帶有歧視意謂,於是向台中市政府勞工局提出勞資爭議調解與申訴,沒想到勞工局要求他們自備翻譯,導致將臨盆的她需要上前線替先生發言。

Chiang then filed a complaint with the Labor Affairs Bureau of the Taichung City Government to resolve the labor dispute. 

To her dismay, the Labor Affairs Bureau asked them to bring their own translators to the mediation, forcing her to spend the last stages of her pregnancy in court.

第二次調解會前,江小姐被告知勞工局有安排翻譯,於是先生在7月15日自行出席。然而,江小姐指出調解會上的翻譯員「英文完全不行」,甚至調解員與資方英文還更好,先生表達他的訴求三次,翻譯員皆未翻譯,還表示這不重要跳過。

Before the second mediation meeting, Chiang was unexpectedly told that the Labor Affairs Bureau had arranged a translator, so her husband attended the meeting alone on July 15.

However, she claimed that the interpreter at the mediation meeting was “completely incompetent in English,” and that even the English proficiency skills of the mediator and the former employer were better.

爾後,江小姐還收到勞工局在會後寫的紙條,上頭寫著:「太太已屆預產期,建議您先撤案」。

Chiang then received a note from the Bureau which read: “Your wife is due to give birth … we advise you to withdraw the case for now.”

Photo of note provided by Ms. Chiang

對此,台中勞工局局勞資關係科施科長告訴The China Post,勞工局本來就沒有配置翻譯人員,是因為知道本案先生為波蘭人特別請一位專門為外籍移工翻譯的英語翻譯人員。

The Labor Relations Division of the Taichung Labor Department explained that labor authorities don’t usually have a translator on hand. They contacted an English-language translator specialized in assisting foreign migrant workers to help the Polish chef but to no avail. 

施科長也表示由於調解案很多,擔憂排在七月底的第二案接近江小姐預產期,考量到生完小孩後可能需要至少兩個月的時間,好心提醒可以到時候再來申請。

Taking into consideration that the second mediation was scheduled near the end of July, which was close to Chiang’s due date, the local labor bureau suggested that the couple withdraws the case for now and re-submits it after their child is born.

科長也表示調解會上若沒有共識,無法成立,可以尋求其他法律途徑,向其他行政機關申訴檢舉,而歧視案件也會由一組專家學者進行審議。

If there is no consensus at the mediation meeting and the case cannot be established, the local labor bureau remarked that other legal channels can be pursued to file a complaint with other administrative authorities.

Labor Relations Division said it takes discrimination cases very seriously and such cases are reviewed by local experts and academics.