臺灣外籍家事勞動者的勞權規範發展觀察──評析家事勞工保護法草案相關版本

Observation and Reflection on the Development of Taiwan’s Foreign Domestic Worker Rights Regulations －Comment on the Relevant Version of the Draft Domestic Worker Labor Protection Law

本文回顧臺灣家事勞動規範政策演變，另就家事勞工保護法草案相關版本進行評析。對於未來發展，本文建議宜依照以下幾個基本觀念來處理。首先，臺灣的外籍家事勞動基本上是公共政策產物，家事勞動的供給具有一定的公共性，於相關規範機制中應適度彰顯、落實此等公共性。其次，資本主義社會中的勞工會處在弱勢狀態，是整個經社體制的結構性因素所造成。順著問題的前因後果，其解決方案除了從結果端提供保護措施之外，也要適度從源頭端檢視設想改變體制結構的可能性。最後，家事勞動保護立法的倡議討論停留在草案階段，已有多年，然政策思考的環境背景已物換星移、時過境遷，臺灣未來的外籍勞工政策以及規範思維，有無須要與時俱進、改弦更張，亦值得併予檢討。

This article reviews the evolution of Taiwan’s domestic labor regulations and policies, and reviews the related versions of the draft Domestic Worker Labor Pro-tection Law. For future development, this article suggests that it should be handled according to the following basic concepts. First of all, Taiwan’s foreign domestic labor is basically a product of public policy. The supply of domestic labor has a certain degree of publicity, and it should be appropriately manifested and imple-mented in relevant regulatory mechanisms. Secondly, the labor in a capitalist socie-ty is in a weak state, which is caused by the structural factors of the entire econom-ic and social system. Along with the cause and effect of the problem, in addition to providing protection measures from the result side, the solution should also appro-priately review the possibility of changing the institutional structure from the source side. Finally, the discussion on the proposal of Domestic Worker labor pro-tection legislation has been in the draft stage for many years. However, the envi-ronmental background of policy thinking has changed. The Taiwanese foreign la-bor policy and normative thinking need to keep pace with the times and change its course. It is also worthwhile. And review.