Tatung Dyeing and Weaving Co., Ltd. (hereafter referred to as Tatung Dyeing) located in Luzhu, Taoyuan, has long violated labor laws, including unpaid overtime, unpaid wages for unused annual leave, and the unilateral implementation of unpaid leave without worker consent. After workers from three different countries formed a union to fight for their rights, the company announced its decision to close the factory on October 29 without addressing the unpaid wages, disregarding the rights of middle-aged Taiwanese workers and migrant workers. The union currently has 71 members. When the union previously demanded repayment for unpaid overtime, unpaid leave, and annual leave, the company responded that the unpaid overtime alone exceeded NT$8 million, and it would take time to calculate the total amount owed.
The Taoyuan Confederation of Industrial Unions criticized the mass layoff plan submitted by Tatung Dyeing as being extremely vague, with the only attached document being an announcement of the plant closure. Furthermore, the layoff count only included 81 Taiwanese workers, completely excluding the migrant workers. This outcome stems from a revision to the Mass Layoff Protection Act in 2008, which excluded migrant workers governed under Article 46 of the Employment Service Act. As a result, mass layoffs are only calculated based on Taiwanese workers, reducing the burden on factory owners and allowing employers to bypass negotiation procedures and avoid calculating owed wages. The rationale for the revision was that migrant workers could change employers and continue working until the end of their employment contract. Labor groups are demanding that the Ministry of Labor acknowledge this oversight and commit to amending the law.
The Taiwan International Workers Association pointed out that this legal loophole demonstrates that the government’s policies fail to account for the possibility of migrant workers being terminated mid-contract. In reality, migrant workers cannot rely on government assistance to find employment and are often exploited and defrauded in a labor market monopolized by private brokers, forced to pay high fees for employment opportunities. The association is calling on the Ministry of Labor to open up job opportunities and provide practical assistance to help migrant workers find work.
At the same time, the owner of Tatung Dyeing, Ye Chuan-fa, also owns another company in Luzhu, "Datong New Ventures," which has received government subsidies and engages in solar power generation, electricity sales, and provides professional consulting services. The company was praised by former Minister of Economic Affairs Wang Mei-hua as "the TSMC of the textile industry." The union is urging Ye Chuan-fa to take social responsibility by transferring workers to his other company to avoid widespread unemployment.
The Tatung Dyeing Union has legally applied for mediation, and the company has held two rounds of negotiations with employees. However, as of Sunday, September 15, the company stated that it was still calculating the amount of wages owed and could not yet provide a compensation plan or employment transition details. Such statements are seen as shirking responsibility. Under pressure from workers, Tatung Dyeing finally agreed to respond to the union's demands by September 20 (Friday) and provide the date for the next board meeting, although whether they will follow through remains uncertain.
Today, on September 17, more than 25 members of the Tatung Dyeing Union, hailing from three different countries, will visit the company's headquarters to deliver pomelos, urging the company to come up with a "fruitful" negotiation plan. Additionally, they have made mooncake props, symbolizing their demand that the unpaid wages be "reunited."
〔CivilMedia@TW / Tatung Dyeing Union, Taoyuan Confederation of Industrial Unions (TYCTU), Taiwan International Workers Association〕2023-9-17
〔edit / kai〕2023-9-20
〔photo from CivilMedia@TW, Taoyuan Confederation of Industrial Unions Facebook Group, Reporter Hu Jing-zhou〕