The Ministry of Labor issued another clarification today due to a social media post.
[Reporter Li Jinghui/Taipei Report] Recently, an Indonesian domestic helper was discovered to be pregnant by her employer after only one month in Taiwan. The helpless employer posted a message on social media asking for help. Some people wrote back and accused "the pregnant migrant worker. The Ministry of Labor asked the employer to support his whole family in just one sentence." In response, the Ministry of Labor In a statement issued today to clarify the situation, Parliamentary Secretary Li Jianhong once again explained it personally, emphasizing that it was "seriously wrong information" and denying that employers are not required to pay migrant workers maternity leave wages. However, employers are not allowed to fire migrant workers because they are pregnant. If they are pregnant and unable to work, they can only "consensually" terminate the contract, transfer out or return to the country.
If a migrant domestic worker hired becomes pregnant, does the employer really have to "support his whole family"? The Ministry of Labor clarified that there is currently no law stipulating that employers of pregnant migrant workers must support their families, and called on them not to spread rumors. Li Jianhong pointed out that according to domestic regulations, if a domestic migrant worker becomes pregnant and gives birth, the maternity leave that she can apply for is unpaid maternity leave, and the Labor Standards Act and the Employment Insurance Law are not applicable to domestic migrant workers, so they cannot apply for child care allowance. The Ministry of Labor also added that Japan, South Korea and Hong Kong all stipulate that employers are not allowed to fire migrant workers due to pregnancy.
However, what should family-based employers do if a migrant worker says that she is "pregnant and unable to work"? The Ministry of Labor stated that an agency can be requested to assist with interpretation and communication. After both parties agree to terminate the contract, transfer out or return to the country, the employer can apply for replacement of new migrant workers in accordance with regulations. In addition, during the waiting period, employers can dial 1966 to use "Long-term Care 3.0" related resources. In addition, the government has also allocated a budget of approximately NT$2 billion to provide respite services and short-term care services, which total approximately 52 days per year, to help families maintain uninterrupted care, and all Singaporeans can make good use of them.
However, the biggest headache for most employers who encounter pregnancy in home care workers is that the migrant workers are unable to work and are unwilling to move out or even return to the country. In this case, the employer must allow the foreign caregivers to continue to live at home and pay wages. The original elderly and sick people at home have no one to take care of them. What should they do if the migrant care workers are unwilling to terminate the contract with the employer?
In this regard, the Ministry of Labor only stated that after migrant caregivers become pregnant, they will consider their own physical and mental conditions and work conditions, and they can also discuss follow-up work arrangements with their employers. Local governments or labor agencies can be used to assist in communication during the process; if both parties reach an agreement to terminate the contract and suspend the conversion, the employer can apply for a replacement quota for new migrant workers in accordance with the law.
The Ministry of Labor emphasizes that if migrant caregivers need to take maternity check-up leave or undergo a prenatal check-up during pregnancy, causing a "care window period", employers can make full use of the Ministry of Health and Welfare's "Expanded Respite Service" and the Ministry of Labor's "Short-term Care Service (Short-term Care Service)."
