Employer approval is required for certain migrant workers to receive TB treatment with the considerations of TB control and protection of the interests of both employers and employees


PublishTime:2020-11-05
A petition was filed by a non-governmental organization (NGO), stating that type B foreign workers (migrant workers) are deprived of health rights as employer approval is required for them to enroll in the TB-DOTS program, but there is no such requirement for type A foreign workers. Regarding the petition, the Taiwan Centers for Disease Control (Taiwan CDC) pointed out on November 5 that, according to the Employment Service Act, being validly and legally employed by an employer is a prerequisite for a foreign worker to reside and work in Taiwan. In addition, the employer's accommodation and provision of a suitable environment and time is necessary throughout the six-month of the TB-DOTS treatment to avoid the risk of an incomplete treatment resulting in multidrug-resistant tuberculosis (MDR-TB). Therefore, the current requirement of employer agreement is set out after taking into account the TB control objective and the rights and interests of both migrant workers and their employers.

Moreover, type A foreigner workers, except for short-term tutorial school teachers, have to undergo health checks as required by applicable provisions of the Occupational Safety and Health Act. According to the provisions of Article 73 of the Employment Service Act, the employment permit shall be annulled in the case where a foreign worker, whether type A or B, is diagnosed with TB and not enrolled in the DOTS program.

In response to the above-mentioned NGO petition, Taiwan CDC will gather opinions and information from various parties and stakeholders and involve relevant government agencies, experts, scholars, and organizations for further discussion.