The Ministry of Labor on Tuesday rejected claims that employers must financially support a migrant domestic worker’s entire family if she becomes pregnant.
The statement came as a result of a complaint by a family who, shortly after hiring a migrant domestic helper, discovered that she was pregnant. TVBS reported that the family had applied to hire the woman from Indonesia in April, but discovered that she was pregnant less than a month after she had begun working. The family accused the employment agency of withholding information.
However, given current laws, it is unlikely that the agency was aware of the woman’s pregnancy. The Regulations Governing the Management of the Health Examination of Employed Foreigners (受聘僱外國人健康檢查管理辦法) do not require that medical reports submitted in workers’ home countries to apply for a Taiwan visa include a pregnancy test.
In 2007, pregnancy tests were removed from mandatory health checks conducted within three days of a worker’s arrival in Taiwan, a measure intended to align local regulations with international human rights standards, gender equality and non-discrimination principles.
Moreover, the Gender Equality in Employment Act (性別平等工作法) prohibits employers from using pregnancy as a reason to terminate an employee’s contract.
From a legal perspective, pregnancy alone should not jeopardize a migrant domestic worker’s employment. However, the TVBS report highlights a long-standing conflict between migrant domestic workers, their employers and the regulations governing their employment.
A decade ago, an Indonesian caregiver who was reportedly unaware of her pregnancy gave birth in her employer’s home, prompting calls to reinstate mandatory pregnancy tests for migrant workers prior to employment. However, as the government said, that would be discriminatory. As more than 95 percent of migrant domestic workers in Taiwan are women, such a policy could reinforce the inequalities that employment protections are intended to prevent.
Families that employ caregivers might be concerned about the practical and financial implications of their employee becoming pregnant. Many are ordinary families struggling to provide round-the-clock care for elderly relatives while balancing work, childcare and other responsibilities. Employers have complained that hiring a migrant caregiver can cost up to NT$40,000 (US$1,237) per month and that they have few alternatives if a worker cannot perform their duties.
The government must recognize these pressures and ensure that its long-term care system can respond to them.
However, the difficulties are largely questions of policy, not reasons to question workers’ basic rights. A caregiver might be able to perform many of her duties while pregnant, depending on her health and the demands of the job.
For the employer, the immediate concern is how to maintain care for a dependent family member.
However, for a pregnant worker, the consequences can extend far beyond a temporary interruption to employment. She might face an extended period without income while preparing for childbirth and childcare, as well as the risk of discrimination or pressure to leave her job.
Those difficulties might be compounded by living in a foreign country without family, friends or sufficient language skills to seek support. The burdens are not equivalent, particularly when migrant workers have considerably fewer financial and legal protections.
The government’s Long-Term Care 3.0 program provides up to 52 days per year of respite and short-term care services for families requiring temporary assistance. The labor ministry said that NT$2 billion was allocated for such services.
The measures are a step in the right direction, but the government must ensure that families can access support when a caregiver becomes pregnant or otherwise needs time away from work. At the same time, it must consider what support is available to the workers themselves.
Taiwan is expanding access to migrant domestic workers in response to its aging population and growing demand for the industry. In a field dominated by women, it is only natural that the issue of pregnancy would arise — but it should never be grounds for refusing to hire or terminating a worker.
The government must find ways to help families arrange alternative care while ensuring that pregnant workers have adequate financial and employment protections. Neither the workers nor employers should have to bear the burden alone.