Labor
violations by a corporate giant and its employment agencies continue
to afflict blue collar workers in Taiwan while government officials
make half-hearted efforts to enforce labor law.
Words and images by
Don Juan Corzo
Her
name is Asmin Paulito. She was a 30 year old operator in a factory in
Taiwan. Her superiors told her she was not free to go wherever you
wanted on her days off work.
They gave her punishments every time she made mistakes.
She
complained
about unfair
rules or illegal
fees and her brokers
said she was wrong.
“I
have a roommate whose husband works in another city in Taiwan and
she's rarely allowed to stay out overnight to spend time with him,”
Paulito said. “Rules like that are abusive.”
This
is the experience many foreign workers have reported to Examiner in the course of a yearlong investigation in
Siliconware Precision Industries Co., Ltd (SPIL,矽品精密工業股份有限公司),
one of the most successful technology companies in Taiwan. Some may not recognize the name of this large
semiconductor manufacturer,
though
major customers include Apple, Intel, AMD and Sandisk.
NO EXIT
NO EXIT
All
overseas
foreign workers
(OFWs)
working
in SPIL factories are
brought from
Philippines. The
main violation that pushed some factory
workers to
complain formally was
the new no-exit policy, though they have endured other violations for
years in SPIL,
according to various worker rights groups in Taiwan.
"The new no-exit policy means foreign workers don't have to leave Taiwan and go back to their country of origin to get their work visa renewed to be hired by the same employer or a different one," said Director Lennon Wong (汪英達) of Serve the People Association (SPA, 桃園市群眾服務協會), a human rights organization.
"The new no-exit policy means foreign workers don't have to leave Taiwan and go back to their country of origin to get their work visa renewed to be hired by the same employer or a different one," said Director Lennon Wong (汪英達) of Serve the People Association (SPA, 桃園市群眾服務協會), a human rights organization.
Chunshan facility in Tanzi District, one of the SPIL factories and dormitories locations around Taiwan where foreign workers violations ocurr on a daily basis.
|
Asmin
and three fellow factory workers decided to file formal complaints against SPIL in
December
when Daisy Sy (施麗絲),
a broker representative for the Human
Resources
Division (HR) announced
in December the company would not follow
the amended Taiwan labor law that benefits more than 600,000
blue collar foreign workers in Taiwan.
On
November 5th last year an amended ruling of the Employment Service
Act (勞動基準法)
in the Ministry of Labor (MOL,勞動部)
cancelled the must-exit policy for migrant workers after
finishing their job contracts.
The amended law also benefits domestic workers and foreign nationals from other
Southeast Asian countries like Indonesia and Vietnam.
When
questioned by Taichung Labor Affairs Bureau (LAB, 臺中市政府勞工局) as to why they were the only ones complaining out
of thousands, the four
OFWs who
filed
the formal complaint on January 12th
said no one really dared
to protest publicly against their employer's illegal rulings before
for fear of reprisal by their brokers.
“Another
reason why many don't want to join the formal complaint is they're
afraid that the labor bureau will not really help them,” said
complainant Kimberly Carmona. “Most think SPIL will make them leave
Taiwan and maybe they can't come back again.”
Like
the complainants, many face the prospect of being sent back
every month.
Besides the possibility of joblessness in Philippines, workers still
face greater financial burden if they want to return. The amended law
does away with the high cost for OFWs to re-enter Taiwan. Filipino
and Taiwanese brokers who process new hires or rehires are losing
between NT$50,000 to NT$150,000 per applicant, according to worker
rights group Migrante International.
“We
believe
there’s
a division of the money [OFWs] pay the Philippines agencies because
the brokers get a portion of the money. Maybe there is a share for
the company too. We've asked the Labor Bureau to investigate that
too,” SPA Director Wong (汪英達)
said on
January 22nd
at
an OFW meeting in Tanzi, Taichung.
SPA is a non-governmental organization (NGO) involved in fighting foreign
worker exploitation and shelters many of them around Taiwan.
AXIS OF CONTRADICTION
AXIS OF CONTRADICTION
SPIL
uses the services of three job placement agencies, Mengo Manpower Group (萬國人力集團),
Champion Manpower Services (長宏人力集團)
and Pan Asia Human Resources (泛亞人力集團
)
in the seven factories it operates in Taichung, Hsinchu and Changhua.
Abuses have been reported in MOL and also in the Manila Economic and Cultural Office (MECO, 菲律賓駐台代表處),
the consular branch of Philippines in Taiwan. Evidence shows SPIL HR
is either contributing to the unfair treatment of the foreign workers
or ignoring the way said agencies process and manage the foreign
workers.
“Our
company always obeys and follows the laws and regulation,”
SPIL
HR Director Grace
Chang (張美慧),
said in an email response to the allegations of misconduct and
abuse within
the company.
“We
value our employees’
interests and rights and we never assist or intend to provide
opportunity to any and specific agencies to make the monetary income
and profits from the foreign workers.”
Director
Chang
asserted SPIL was still rehiring foreign workers in
December and January while contradicting Mengo
broker Sy who told several dorm occupants that no one was getting job contract renewals on
December 21st.
The question still stands why so
few
foreign workers are being rehired immediately
while asking most to return to Philippines first, in order to rehire them.
“SPIL
is not OK. The broker and employer have no concern for their
employees,” said Assistance-to-Nationals Officer Gina Lin (林秀秀)
in MECO Taipei. “Workers are sending me messages from Hsinchu. Most
request their names be withheld to save their jobs.”
SPIL's
manpower agencies
also are supposed to help its OFWs extend their work visas in Taiwan with
the implementation of the no-exit policy. Chang stated in her email. “If the company finally decides not to rehire the foreign worker,
and the worker intends to stay and continue to work at Taiwan, our
company will help to introduce he/she enables to transfer to other
company according to the applicable clauses under Foreign Employment
Service Act.”
“Production
managers expected us
to have our
contracts renewed after we
signed the
forms
for rehire,”
said complainant Leah Pacday.
“But
the brokers kept
those
forms
and gave new ones to sign with the exit-only option in late
December.”
SPIL HR
Manager Amber Kao (郭珀華)
told Examiner on a phone call in
December that
HR has its reasons to not rehire
employees
despite getting positive feedback from the production department.
But she didn't explain why SPIL is still hiring many new OFWs in
January.
However,
Kao and a Champion broker told the complainants on January 3rd
in an recorded meeting at SPIL offices, HR would rehire them if they
went back to Philippines, contrary to what the no-exit labor law
mandates now.
A production manager said under the condition to
anonymity that “it doesn’t make sense to send back operators who
are already trained. That's a waste of money and time to bring new
workers to teach them the production process.”
Paulito,
Carmona and Pacday, three of the four OFWs
finished
their contracts on January 13th
and were granted a 60-day stay by the
National Immigration Agency (內政部移民署).
“But the Labor Bureau said they had to further investigate their case, so MOL delayed issuing the official transfer until February 2nd, SPA's Wong said about the document the women needed to get work with another employer.
RULES OF ABUSE
“But the Labor Bureau said they had to further investigate their case, so MOL delayed issuing the official transfer until February 2nd, SPA's Wong said about the document the women needed to get work with another employer.
RULES OF ABUSE
Filipino
Father Joyalito Tajonera,
who heads
the Roman Catholic Church in Tanzi District and runs two shelters for
mainly abused Filipino workers in Taichung,
told the Examiner SPIL and its employment agencies have had
complaints filed against them before, but workers usually quit their
effort to fight for their rights out of intimidation by
brokers,
and
even
by coworkers for “rocking the boat.”
“OFWs,
who are not being rehired, faced conflicts or threats in the past
when they complained about dormitory illegal rules or questioned the
brokers unfair treatment of workers,”
Fr. Joy said.
Some examples of such dorm rules are the cleaning punishment plus fee and
the stay-out request, which employees fill out to be able to spend the
night out on their days off for personal reasons.
Employees living in the
dorm can only stay out three times in one month, without being told why. Other companies like Canon factories in Taiwan
have similar requirements from OFWs too, but they are a notice from
the employee to the employer about their dorm status on their days
off, not a request for permission.
Some SPIL
workers go for months, even years, without being approved to stay out
overnight for no valid reason. Some
explanations workers get are “it’s management rules,” “it’s
for your safety” or “you came to Taiwan to work.” Workers are also illegally forbidden from riding scooters or motorcycles, the most affordable and common way of transportation in Taiwan for the working class.
Since
many Filipino workers placed anonymous complaints through 2016, HR
told the brokers all three agencies had to loosen the illegal
restriction on the overnight rule with no real relief. Workers can
stay out, but they have to call in to report to the office by 11:00 p.m. And they have to be back in the dorm by 5:30 a.m.
“It's so useless because workers are not allowed to own or ride scooters, and
if you are far from the dorm, there are no public buses to bring you back at that time,” said Paulito. “It's inconvenient to make you go back to
the dorm in a taxi so early wherever you are.”
Despite
paying a monthly NT$100 cleaning fee, brokers also give workers
punishments like cleaning bathrooms for being late or even for minor
mistakes like signing the wrong log. However, former LAB
representative Katrina Lin (林)
said
in early 2016 such mandates are “illegal” since they are not in
the workers' contracts, SPIL official employee rules or Taiwan labor
law.
The brokers charge a variety of fees that are supposed to be covered by SPIL according to the OFWs contracts, including lodging, meals and a round trip airfare. There's an additional signed addendum in some workers' contracts that exempts them from those benefits. But according to SPA's Wong, that extra document is invalid when you look at Taiwan labor law guidelines.
The brokers charge a variety of fees that are supposed to be covered by SPIL according to the OFWs contracts, including lodging, meals and a round trip airfare. There's an additional signed addendum in some workers' contracts that exempts them from those benefits. But according to SPA's Wong, that extra document is invalid when you look at Taiwan labor law guidelines.
“The
brokers who work with HR tell us if we complain openly they will send
us back and will block us from returning to work in Taiwan,' said
Joyce Abad, a Filipina operator who quit her job with SPIL in
November after dealing with labor abuses for more than two years.
POWER OVER ETHICS
POWER OVER ETHICS
According
to Wong and Fr. Joy, MOL and LAB are hesitant to fully crack down on
SPIL exploitation because so few OFWs file official
complaints and “there's big pressure to close complaint cases”
from politicians and big business.
Until government agencies decide to diligently defend the weak and confront injustice from the those in power, people like Filipina Asmin Paulito will be one of the few brave ones standing up for her rights.
Major
brand name Advanced Semiconductor Engineering Inc (ASE, 日月光半導體),
SPIL's greatest competitor received approval from the Fair Trade
Commission (FTC) for its NT$128.7 billion (US$4.04 billion) bid to
acquire SPIL in November, a few days after the amended no-exit policy
went on effect.
On the surface, one of Taiwan’s biggest acquisition deals ends a
corporate rivalry and improves ASE's image from a scandal stemming
from a much publicized pollution incident in December, 2013 that
partially shut down facilities in Kaohsiung in southern Taiwan.
The
merger approval appears to bear positively for the world’s largest
chip manufacturer from international competition watchdogs and if
there aren't serious concerns when the bid is completed this year.
One
major difference between ASE and SPIL is the former's agencies currently doesn't
apply broker fees and extra charges to its OWFs while the latter has done so
excessively for years.
“But
SPIL is not the only company with its agencies breaking the new
no-exit labor policy or abusing OFWs in Taiwan,” said Wong. “There
are many small family owned factories and big companies committing
these violations along with their manpower agencies.”
Until government agencies decide to diligently defend the weak and confront injustice from the those in power, people like Filipina Asmin Paulito will be one of the few brave ones standing up for her rights.