移工辛苦賺、人權他來顧!立委洪申翰替弱勢發聲「心靈很富足」| Legislator Hung Sung-han fights for migrant worker rights in Taiwan

【看CP學英文】台灣自1989年開始引進移工後,至今已突破70萬名在台灣從事長照服務及製造業工作,然而這30幾年下來,移工仍有許多權利未受到台灣法律保護,再加上語言隔閡和文化差異,導致他們更容易成為不肖仲介的受害者,遭到剝削成社會的弱勢。

Since the introduction of migrant workers in Taiwan in 1989, more than 700,000 workers have been employed in the long-term care service and manufacturing industry in Taiwan.

However, in the past 30 years, many rights of migrant workers are still not protected by Taiwan’s laws. Coupled with language barriers and cultural differences, they are more likely to become victims of unscrupulous labor brokers and be exploited, becoming socially disadvantaged.

民進黨立法委員洪申翰與《四方報》的專訪中分享他對於移工政策方面努力的方向和看法,並探討「買工費」問題的嚴重性和解決辦法。

In an exclusive interview with 4-Way Voice and The China Post, Legislator of the Democratic Progressive Party (DPP, 民進黨) Hung Sung-han (洪申翰), shared his views and aims on the policy of migrant workers, and discussed the seriousness of the problem of labor brokers charging illegal fees and possible solutions.

洪申翰在學生時期就接觸人權和勞工的議題,當時的他對移工權益也相當感興趣,憑著自己早年與家中外籍看護的近距離相處經驗,讓他更能了解移工和雇主容易面對的衝突和困境。

Hung explained he had first acknowledged human rights and labor-related issues when he was a student. At that time, he was also very interested in the rights and interests of migrant workers. With his early experience with foreign caregivers at home, he could better understand the conflicts and difficulties faced by migrant workers and employers.

他表示,移工在台灣整體勞動政策裡面處於弱勢,處境也較本國勞工辛苦一些,再加上涉及跨文化、跨國制度等問題,讓他們更難鞏固自己的權利。

He said that migrant workers are in a weak position in Taiwan’s overall labor policy, and their situation is harder than that of domestic workers. In addition, problems involving cross-cultural and transnational systems make it more difficult for them to secure and protect their rights.

在此背景下,洪申翰加入了民進黨黨團後,決定將移工議題當作自身從政的重點耕耘項目之一,希望能以立委的身份替移工發聲,補齊台灣長久以來移工政策面的缺陷。

In this context, after joining the DPP, Hung decided to regard the issue of migrant workers as one of his key cultivation projects in politics, hoping to speak for migrant workers as a legislator and fix the defects of Taiwan’s long-standing migrant workers policy.

洪申翰表示,近期移工議題在社會關注度越來越高,其中,引起雇主、移工和仲介三方共同迴響的「買工費」也是他近期最關心的議題之一。

Hung said that the issue of migrant workers has attracted more and more attention in society recently, and the illegal fees which concern employers, migrant workers, and labor brokers, is also one of the issues that he cares a lot about.

他認為台灣社會上應該有很多人對於買工費議題有親身體驗,心中也有很多委屈和埋怨。

He believes that there are many people in Taiwan who have personal experience on the issue of the illegal fees procured by sketchy labor brokers either from migrant workers or employers. Therefore, both parties harbor many grievances and complaints against the issue and the system that enables it.

根據勞動部規定,外籍勞工期滿續聘或期滿轉聘時,若委託仲介機構協助辦理相關手續,仲介機構得向外籍勞工收取服務費用,金額每月不得超過新臺幣1,500元。

According to the regulations of the Ministry of Labor (MOL, 勞動部), when a foreign worker is re-employed at the same job or re-employed at a different one after the expiration of their designated term, if an labor broker agency is entrusted to assist in handling relevant formalities, the agency may charge the worker a service fee of no more than NT$1,500 per month.

然而,不少中介會加收「買工費」,美其名為「購買」工作機會,但這樣巧立名目超收費用不僅是違法的,也造成剝削問題,疫情下缺工更讓買工費價格水漲船高,勞雇皆深受其害。

However, many labor brokers will add an additional illegal fee, which they obtain under the guise of allowing workers to “buy” job opportunities.
However, it is not only illegal to overcharge fees under such pretexts, but also create exploitation problems. The lack of work under the epidemic has led to the rise of these illegal fee prices, and laborers and employers have both suffered greatly.

早期受害者多為移工,需要自掏腰包付出高額的經費才能來台工作,然現今社會結構變化,從買方市場變到賣方市場,台灣很多雇主須要找尋外籍看護幫忙,不法仲介也會向他們索取「買工費」才讓雇主選擇移工或有聘雇移工的機會。

In the early days, most of the victims were migrant workers, and they had to pay a lot of money out of their own pockets to come to work in Taiwan.

However, nowadays, the social structure has changed from a buyer’s market to a seller’s market, meaning many employers in Taiwan have to seek help from foreign caregivers.

Seizing the opportunity, illegal labor brokers will ask employers to pay the “purchase fees” before they can choose or have the opportunity to hire migrant workers.

另一方面,有些仲介則用其他手法,以扣留移工許可證件、轉換證件等等的方式,要求下一位雇主付出買工費,他們才將文件交出,順利轉換。

On the other hand, some labor brokers use other methods, such as withholding migrant workers’ working permits or transfer documents to ask the next employer to pay the purchase fee before they hand it over to ensure a smooth transition.

洪申翰強調,這些買工費的收取都是違法的,有時甚至會波及到合法營運的仲介公司,一旦前一手的雇主所找的仲介扣留文件,他們一樣要付出買工費。

Hung stressed that such fees are illegal and sometimes even affect legally-operated labor broker agencies. Once the agents sought by the former employers withhold the documents, they would have to pay the same fees to acquire them for the next employer.

而這樣失序的狀況有什麼解決辦法呢?洪申翰點出,制度的問題不能光以查緝解決。

And what is the solution to this phenomenon? Hung pointed out that the problems of the system cannot be solved by inspections alone.

「今天如果移工或是雇主可以用很簡單的方式拿到這些相關的權利文件,或在網路上面只要透過一定的認證就可以下載的話;那怎麼會有證件被扣留的問題?怎麼會有人要綁架這些證件來要求下一個雇主或是移工本人要付買工費的問題?」

“Today, if migrant workers or employers can get these related rights documents in a very simple way, or they can download them on the Internet as long as they pass certain verification processes; how can the problem of documents being detained still exist? How can anyone ‘kidnap’ these documents to ask the next employer or the migrant worker to pay for the subsequent job?”

他表示,問題不在於有人試圖貪圖這其中惡性的利潤,而是制度上造成不法人士有收取買工費的機會和空間。

He said that the problem is not that some people try to covet this vicious profit, but that the system causes these people with criminal intent to have the opportunity and space to collect the “purchase fees.”

他呼籲勞動部部長許銘春應盡速建立多語系線上系統,讓移工或讓雇主以更簡單、直接的方式取得權利文件,減少此類狀況持續發生。

He called on Minister of Labor Hsu Ming-chun (許銘春) to establish a multilingual online system as soon as possible, so that migrant workers or employers can obtain relevant documents in a simpler and more direct way, thus reducing the recurrence of such situations.

洪申翰承諾將會仔細追蹤勞動部相關的機制,包括資訊平台介面、系統設計,確保移工和雇主不需再承擔買工費的負擔。

Hung promised to follow up on the relevant mechanisms of the MOL, including information platform interface and system design, to ensure that migrant workers and employers no longer have to bear the burden of “purchasing” jobs.