社福移工不適用勞基法 基本薪資怎麼調都無感|Social welfare migrant workers left out in minimum wage raise

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Social welfare migrant workers left out in minimum wage raise Giv.in
The income of social welfare migrant workers remain stagnant due to the decoupling from the Labor Standards Act.(photo courtesy/Two Islands Digital)

勞動部於週二(18日)宣布調整基本工資,將月薪提高兩百元,從原本的23,800元調至24,000元;而時薪則調高兩元,從158元調整為160元,預計將於明年1月1日開始實施。此次薪資微幅調整將對在台灣的移工有什麼影響?以下為你解析。

The Ministry of Labor(勞動部) announced on Tuesday that starting next year, the minimum monthly wages will be raised by NT$200, from NT$23,800 to NT$24,000, and the hourly wages NT$2, from NT$158 to NT$160.

How will the slight salary adjustment affect migrant workers in Taiwan? Here’s an overview.

產業類移工—Industrial migrant workers

根據國發會統計,截至2019年底,台灣產業移工已達45.6萬人,其中以製造業佔多數。由於產業移工適用勞動基準法,雇主需替移工保勞健保,薪資與加班費也依照基本工資規定而調漲。

According to the National Development Council (NDC), as of the end of 2019, there were around 456,000 industrial migrant workers in Taiwan, with the manufacturing industry accounting for the majority of these workers.

As the Labor Standards Act applies to industrial migrant workers, employers are required to apply for labor and health insurance for the employees, and their monthly wages as well as hourly wages is increased in accordance with the regulations.

參考勞動部於2019年公布的移工薪資調查報告,產業類移工總薪資平均為29,029元,其中經常性薪資為23,514元,落在24,000元以下,因此估計新政將有許多產業移工受惠。考慮到製造業移工經常有加班情形,加班費提高也將使實領薪資總額提高。

According to a report done by the Ministry of Labor in 2019, the average total wage of industrial migrant workers is NT$29,029, while the regular wage is NT$23,514, falling below NT$24,000. As a result, many migrant workers are expected to see benefits from the new policy.

Considering the fact that industrial migrant workers often work overtime, the increase in overtime pay will also raise their actual wages.

社福類移工—Social welfare migrant workers

據國發會統計,台灣社福類移工截至2019年底達26.1萬人,工作性質包括看護工和家庭幫傭。由於其工作性質特殊,需要極高彈性、難以區分上下班時間,除了泰國籍移工,其餘皆不適用勞動基準法,工資與休假皆是依照勞雇雙方之約定辦理。

According to the NDC, as of the end of 2019, there were 261,000 social welfare migrant workers in Taiwan, working as caregivers and domestic helpers. Due to the flexibility of work time required for the job, it is difficult to distinguish between on and off duty times.

As a result, except for Thai workers, the Labor Standards Act does not apply to social welfare migrant workers, leaving employment details such as wages and vacation days to employers and employees to decide, and execute it accordingly.

根據勞動部規定,社福類移工的基本薪資為17,000元,不隨著基本薪資調漲而異動,加班費依規定也是以一天567元之固定額計算,因此社福移工對此次薪漲較無感。考慮到健保費隨基本工資月薪提高其自付額也提高,社福移工反而會出現實領薪資微幅下降的情況。

According to the Ministry of Labor, the stipulated monthly minimum wage for social welfare migrant workers is NT$17,000, which does not change according to the Labor Standards Act, and overtime pay is also calculated at a fixed amount of NT$567 per day. 

Therefore, social welfare migrant workers are not benefited by the raise. Instead, they are likely to see a slight decrease in their actual salary considering that the deductible health insurance premiums increase alone with the minimum wage raise.

台灣基本薪資已經連續四年調漲,產業移工的薪資也跟著調高,反觀社福移工因與勞基法脫鉤而導致收入一直停滯不前,自2015年後就未有調整,使得產業移工與社福移工的薪資差距越拉越大。

As Taiwan’s minimum wage has been raised for four consecutive years, the wages of industrial migrant workers have also increased throughout the years, whereas the income of social welfare migrant workers remain stagnant due to the decoupling from the Labor Standards Act.

As their minimum income has not been adjusted since 2015, the wage gap between industrial migrant workers and social welfare migrant workers continues to widen.

根據勞動部2019年釋出的薪資調查報告,社福移工總薪資平均為19,947元,經常性薪資則為17,550元。有民間勞團和學者建議,政府可以依照基本薪資調幅調整社福移工之薪資,讓社福移工收入隨台灣薪資水準推進,同時避免對雇主經濟衝擊過大。

According to the Ministry of Labor’s 2019 salary survey report, the average total salary of social welfare migrant workers is NT$19,947, while the regular wage is NT$17,550. 

Labor rights groups and scholars have suggested that the government adjust their wages at the same rate of other laborers. By doing so, social welfare migrant workers can keep up with the pay level in Taiwan, without having to put excessive economic pressure on employers.

 


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