Maybe some readers still remember the debates on internet when speaking of the “Recruitment and Employment of Foreign Professional Talent Act”
Facebook page “impolite.tw” openly criticized legislator Yu for her openly objections of the foreigner employment draft under Ma’s government in March, 2016. Back at that time, Yu said if we used grading system to replace minimum wages it will make that Act becoming a loophole for white-collars workers to pretend to be blue-collar workers. The “impolite.tw” said that after Ma’s resignation, Yu suddenly changed her attitude and started to support this policy. She did not ask for a NT$47,971 minimum wages when hiring foreign talents also.
To defend herself, Yu debated several times in June. She not only wrote “Cliff’s notes” to debate issues on minimum wages, job seeking visa and internship but also debated with DPP legislator Lin Shu-fen, New Power Party assistant Chen Wei-ting, and Wang I-Kai , former assistant of legislator Lin Tai-hua.
Yu wrote on her Facebook back then, “Under this Act, internships for foreigners are recognized by the competent authority in central government. So minimum wages are discussable. However, I have to point out that there is no use to set a low minimum wages because it will become unattractive for foreigners to come under low wages. But if we set it too high, then it certainly will squeeze out resources from small companies and startup businesses. It is against the spirit of this Act.
It is like a coin, one side is recruiting foreign talents to help us raise industrial values while the other side is the problem to supplement local laborers. You can’t just choose the good side and discard the bad side. Nor can you stop the whole Act due to little concern of low wages. In theory, yes, there might be low wages and fake internship or part-time jobs. But in reality, the proportion is too small to concern about. Just think of this, isn’t it weird that we use 458 foreign interns to explain the low-wages issues of our 10 million laborers?”
However, her saying hadn’t been accepted by many people but only encouraging more people to debate. During our interview with Yu in late June she said, “I actually don’t believe this Act can solve our problems on finding talented persons. I really doubted that. Just like we had entrepreneur visa in the past. We thought it would have two thousand applicants when it turned out to be less than a hundred. We need to learn from mistakes. What have we done wrong during the process? It cannot be solved by simply pass an Act. I believe it is a matter of national security and power. This is not my Act, I never insisted on internship or other aspects.”
Although the debates on this Recruiting Act mainly focuses on job seeking, internship and tax reduction. Yu said the most possible thing that this Act can solve is actually the residency and living problems of foreigners who already in Taiwan. It is for “preserving talents”. As for recruiting new talents, Yu said it clear that this Act “is aimed more to preserve talents. Recruiting is not a thing that can be solved by passing laws”, “This Act serves little on dealing problems. It aims mainly for the problem of foreigners in Taiwan.”
To put it in another way, if this “Recruitment and Employment of Foreign Professional Talent Act” is thought by legislator of the ruling party as a method to preserve foreign talents who had come. Then those opinions advocating the idea that foreigner is repelled by Taiwan’s bad working environment seems not included in Yu’s discussion.
“I won’t insist on the part that has controversies implemented in Taiwan. For example, legislator Lin Shu-fen’s concerns are laborers. But I think for startup business the Act is good enough. I think regulations should be different and free regarding startup business.” To speak frankly, despite having controversies on entrepreneur visa issued in July, 2015 and foreign whit-collar workers recently, the focus point of the National Development Council is the development of startup businesses and a those few foreigners in Taiwan. That is why it is so hard to compromise with others advocating labor issues, because it is simply not the same thing.
However, the Act still includes aspect regarding labor, education, health insurance, pension, and tax reduction. If passed it will become common rules. And the draft not only regulates on only startup businesses. Once the loophole is opened there is no turning back. Yu’s attitude changing from defending the law to “she won’t insist on the part that has controversies” makes people wonder whether it is another Act that “pass first, discuss it later”.
Yu said that whether the controversial internship or the job seeking visa problem would not pass in Legislative Yuan, companies will always find a solution. It is not a big a deal. “But you can’t just close the entire door when there is a doubt. It is not a good way. I believe we should talk. You can criticized it of course. But I think we should all discuss it. It good for everything.”
Since discussion is good, how do Yu understand these controversies? First we look at Article 9, “Foreign employees with employment golden card can have a 50% tax reduction on the part over the amount of NT$ 2 million annually in first three years” Yu said it creates incentives for companies to hire foreign talents. But the Tax reduction is not entire for companies, foreign employees can have it, too. So it is a plausible method. She thinks it is an “acceptable” amounts of reduction on taxes. Still these can be discussed. She hope people can consider the spillover effect when we have rich foreigners in Taiwan.
As for Internship, Yu said if people really has doubts about it, then maybe we should consider to revise the treatment of student laborers under cooperative education program in Labor Standards Act. There are no regulations on internship wages in Labor Standards Act. Although the Ministry of Education is drafting specific laws. She think that if a specific Act can handle then let it handle. In her knowledge, there are only a few foreign interns each year in Taiwan. Plus startup businesses don’t need interns that much. She won’t insist on this issue. “The National Development Council estimated that there might be two hundred new interns coming to Taiwan a year after the Act is passed. I don’t expect that much. Fifty is the best number I can think of. So I think there will be no problem.” Yu said.
This Act involves many works on so many ministries and departments while excluding tons of existing laws. Sections need to be dealt by the competent authority in central government. Therefore, technically, officials is unlikely to ignore opinions of the National Development Council. Could this specific Act overhead every existing regulations in Immigration Law, Employment Service Law, Health Insurance Law, and Enforcement Rules of the Income Tax Act? As for this, Yu gave an answer without any focuses.
“Why not letting each ministries and department to do this? That is because it is a strategic Act. There are regulations regarding to National Immigration Agency, Ministry of the Interior, Ministry of Education, and Ministry of Labor need to revise. So it is easier to write this Act according to existing problems. Many countries have laws to welcome foreigners. But it will take extremely long time to revise each of the law. That is why it becomes a specific Act. But just like you said, it won’t be focus enough if there are too many question to discuss about.”
