■ 家事服务法推动联盟 2004/10/12 今天上午「家事服务法推动联盟」并於立法院外举办记者会，公开展示万名外劳连署的布条，同时说明为何需要订定「家事服务法」，并以行动剧呈现家庭内外劳因缺乏法律保障，面临惨无人道的工作负荷与受虐情形。 「家事服务法推动联盟」秘书处---台湾国际劳工协会表示，虽然立法院本届最後一个会期即将结束，而且立法委员大多忙於选举，此时送出法案似乎时机不恰当；但是「家事服务法推动联盟」经会议决议，仍决定於今天正式向立法院提案；因为对社会弱势者而言，时机是必须用「抢」的，永远不会有「恰当」的时机。 「家事服务法推动联盟」表示，「家事服务法」草案早在今年三月已经草拟完成，但因总统大选及选後政局纷争，联盟一直在寻找政治隙缝，正式向立法院提出。 「我们要藉法案的提出，向劳委会表明家庭内劳工需要正式的法律保障！我们要家事服务法，不要不具效力的定型化契约！」 「家事服务法」草案共八章五十一条条文，立法重点包括： 1、隐私权的保障、雇主家庭成员的规范及家事服务准则之必要 2、家务劳动者强制纳入社会保险（全民健保及劳工保险） 3、明确规范雇主终止劳动契约的限制 4、劳工主动终止劳动契约的权利 5、基本工资的保障与工资直接给付 6、资遣费请求与失业给付之适用 7、明订家务劳动者的休息时间与休假权利 8、加强劳雇权利基权利教育 新闻联络人： 「家事服务法推动联盟」秘书处（台湾国际劳工协会）陈素香0937-990044 以下是家事服务业外劳遭遇的各种故事，因为缺乏法律保障，民间劳工团体与教会组织，亦经常爱莫能助： 个案一： 每天凌晨2:30起床，到市场搬东西、卖贡丸，到早上8:00回到雇主家整理、清扫，10:00以前完成打扫後再开始制作贡丸，直到晚上9:00以後结束，再打扫环境後才能休息。雇主只提供中午便当，晚上吃雇主吃剩的晚餐。外劳因工作环境恶劣而有许多的烫伤、切伤、皮肤过敏的现象。男主人常常喝酒，酒後多次全身赤裸到外劳房间，外劳吓的跑出屋外等待家人回来才敢回到屋内。每月大约支领7000元薪资。 个案二： 阿公要求外劳每天为其洗澡、按摩，且常对外劳毛手毛脚、拥抱等动作，或摸、或捏、或掐外劳身体，甚至曾对外劳以暴力强迫性交。阿公每天晚上12点会自行进入外劳房间直到清晨3、4点才回到自己的房间。外劳哀求阿公停止所有性骚扰、猥亵、虐待等行为，但阿公以”自己花很多钱买外劳，所以外劳要听话，不然就送回国”的话语威胁，外劳陷於庞大债务、暴力虐待的双重煎熬之中。外劳求助仲介，却反遭仲介公司恐吓、殴打以致昏迷而送医急救！ 个案三 主要工作内容:照顾阿嬷、打扫(雇主家及雇主琴店)、帮忙煮饭..等事宜。 外劳因雇主命令在琴店打扫而被警方拍照警告，外劳害怕再次任许可外工作被查报会被遣返，但雇主因而迁怒外劳，要求外劳分担罚款且常对外劳挑剔、责骂，且持续要求外劳至琴店打扫。雇主突然告知要将外劳送回越南，外劳寻求友人协助陪同至劳工局求助。外劳工作半年多却只领到1万多的薪资!雇主坚持不支付所积欠薪资! 个案四 SEXUAL HARASSMENT Ma. Joy de la Cruz is a domestic helper. She had given up so much just to be able to come here in Taiwan. She pawned the land title of her father to an agency. She borrowed money and issued a check because she would be imprisoned if she would not pay it. Her properties were either sold or pawned to pay for the fare to Taiwan and other related expenses. She did these with the hope of giving a better future to her children. While working in Taiwan she got news from the Philippines that her children had stopped from schooling due to financial problem. Worse, one of her children was sick and needed immediate medication. Ma. Joy complained of sexual abuses committed by her employer. She was raped several times within her seven months of work in Taiwan. The first incident happened on the third month of her employment. She could not remember when was the next time it happened but she knows it happened several times whenever her employer wife went out. The male employer could easily go in her room because it has no lock. She had been molested in his child room and toilet because there was no lock too. According to her, all the rooms in their house have no lock. The last incident was on its seventh month of her stay. It was the time when she could no longer bear the pain and tolerate his abuses so she ran and sought for help. The various financial responsibilities and the thought of having to support her children were enough reasons for Ma. Joy to bear that sexual abuses committed by her employer. Apparently, the abuse happened more than once but she has no courage to report it for fear that she might be repatriated and default on all her financial obligation. 个案五： 性侵害; 性骚扰 我以帮佣之契约来台。来台一天後、仲介公司将我送至雇主。雇主将我送至旅馆过夜。我觉得很极快。在我雇主家、工作没算时间、随便雇主之意思。我工作很累、雇主将他父亲带回家住、这位先生常性骚扰我。雇主第一次强奸我但不成功。雇主将我安排我住第四楼、没有门。一天早上、在我换衣服、雇主从我後面推我倒在床上、强奸我。 我来台第一次时、工作还不到多久、仲介将我遣返回越南。不久以後、同样之仲介、带我回来台湾。两次来台之仲介费台币贰千元美金。第二个雇主常性骚扰我、他常打我、有时候在医院、有很多人看到我被雇主打、拿东西丢我。他性侵害我两次。每次性侵害或性骚扰我、雇主都恐吓我说『不能讲否则被遣返回越南』。 个案六： 除了照顾雇主家里的两个老人之外,从早上清晨六点起床後就像机器一样一刻都不能停.不但要照料二老的三餐之外还要煮雇主其他人的三餐.洗全家的衣服不能用洗衣机只能用手来洗全部的衣服.下午的时候跟着被监护人去雇主妹妹家.被监护人在做复健(水疗)的时候,她必需帮忙雇主的妹妹做店里的清洁工作还有整理药材.等到把工作做完後已是清晨两点. 外劳循正常管道求助,但在法律认定她是从事许可以外的工作必须再给雇主一次机会,只有要求雇主改善工作环境.当雇主来接外劳的时候私下还要求外劳必需跟着被监护人去雇主的妹妹家.不过口头上告诉她在那里不需要做工作随她做什麽都可以. 个案七： Workers Name: Jenny Nationality: Filipina Type of Contract:: Caretaker jenny came to Taiwan hoped she'll have a good fortune during her stay but then everything has gone. Jenny worked in her Employer's shop instead of working as a caretaker without any rest day for 1 year until she met a Filipina neighbor and reported to ther Police. The Police officer picked her up in her Employer's shop and brought to the Police Station. Then the Police officer brought her to the Bureau of Labor Affairs and had negotiation meeting. The Employer terminated her contract and said she doesn't like this worker anymore. Bla informed her Employer that they cannot just terminate her because she's under contract and the policy is that Employer will have another chance to let the worker work on her legal employment. Then after a month another negotiation was held in Bla and the lady employer still don't want to take her back. 个案八： Workers Name: Luzviminda Luzviminda came to Taiwan to work as a Caretaker to "Akong" But then Akong is stil very much in good condition and taking care of his grandson's poultry. She was hired by Akong's grandson. then after 2 days of her arrival she was asked to worked in his poultry and feed the chickens and take care of them everyday. she had worekd for 1 year and 3 months. Then she finally realized that she's not working according to her contract signed in the philippines. She had informed her situation to Bla ( Bureau of Labor Affairs) through radio station ICRT. Her employer was warned by the Bla but then they just don't care. They terminated her contract and were not given permission of transfer. She stayed in the shelter for 6 months. -- 凡信的人，常聚集一处，一切所有归公用。他们把产业和财物变卖，按照每人的需要分配。」﹝宗二45﹞ --

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