Taipei: This is part two of a two-part series examining the health and work challenges facing both legal and undocumented migrant workers in Taiwan who are pregnant or raising children, as well as the health issues affecting their children.

According to Focus Taiwan, when an Indonesian woman named Ratih got pregnant last year, she initially planned to continue her job at a New Taipei manufacturer before taking maternity leave, as legally provided. However, she was pressured by her employer and employment broker to return to Indonesia to give birth, despite her supervisor agreeing to her taking maternity leave. Eventually, Ratih was coerced into quitting, with her resignation falsely documented as "willing," undermining her legal stance. The case went to arbitration, resulting in severance pay for Ratih, but her life was significantly disrupted. She was forced to move to a migrant worker shelter run by the Serve the People Association (SPA) in Taoyuan, where she remains after giving birth.

Ratih's experience is a common example of the challenges faced by pregnant migrant workers, who often struggle against a biased system. The Gender Equality in Employment Act and the Labor Standards Act protect pregnant employees from being fired and entitle them to eight weeks of maternity leave. However, these laws are not easily enforced, perpetuating discrimination against these women. Employers and brokers often push pregnant migrant workers towards a "mutual agreement" to dissolve their contracts, avoiding legal liability. Many migrant workers agree to such terms to avoid further trouble, especially with manpower brokers.

Another Indonesian woman, Seri, faced similar pressures while working at a long-term care facility, leading her to stay at the same shelter as Ratih. Seri's case highlights the vulnerability of caregivers, especially those working alone in private homes, who often have their contracts terminated when deemed unfit for their roles due to pregnancy.

The issue of illegal job termination for pregnant migrant workers is becoming increasingly prevalent in Taiwan. In 2022, Taiwan's top government watchdog, the Control Yuan, censured the Ministry of Labor (MOL) for the rising percentage of pregnant migrant workers forced to dissolve their contracts, which increased from 40 percent in 2019 to 66.1 percent in 2021. This practice violates the United Nations' Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), which Taiwan adopted into its domestic law in 2012.

While some argue that pregnancy allows migrant workers to seek new employment before their contracts expire, the dissolution of contracts creates significant challenges. It deprives workers of stable living conditions and exposes them to high "brokerage fees" for securing new contracts, despite such fees being illegal.

In response, the MOL compiled the "Guidelines to Protect the Rights of Female Foreign Workers and Their Children" throughout 2024. Initially planning to extend childbirth subsidies to migrant domestic caregivers, the MOL faced public backlash and eventually scrapped the plan. When the guidelines were released in January 2025, they mainly reiterated existing rules and resources, lacking enforcement measures or penalties for violations.

Hsiao Yicai, director of the SPA shelter, expressed skepticism about the effectiveness of the guidelines. He noted that many pregnant migrant workers are unaware of their rights, making them susceptible to exploitation. Even when aware, workers may be intimidated by employment agencies and refrain from asserting their rights.