Latest News - 高雄市獨立總工會

2024-11-04

Kaohsiung Independent Federation of Union Urges Education Director to Remove Unfit Principal!

[Principal Scandal] Principal Occupies Disabled Parking Spot—Yes, It's Li Jinshi of Sheng-Li Primary School Again! Written by Chiu Kaiyu (Deputy Director, Appeals Department, Kaohsiung Education Union) [The press release content by the National Federation of Education Unions was confirmed by the Education Bureau's investigation. Demand disciplinary action!] [Press Release 2023-11-27 National Federation of Education Union (NFEU)] [Principal Occupies Disabled Parking Spot] [Teacher: The Disgrace of Scholars Is a National Embarrassment] [NFEU: Authorities Should Rectify and Penalize!] Press Contact: Lin Shuojie, President of the National Federation of Education Union The National Federation of Education Union (NFEU) reported that Kaohsiung Sheng-Li Primary School Principal Li Jinshi occupied disabled parking spots and even removed one for his exclusive use. NFEU members condemned this inhumane behavior. According to Article 56 of the People with Disabilities Rights Protection Act, public parking lots must reserve 2% of spaces for people with mobility impairments. At least one space is required if there are fewer than 50 spaces. Only vehicles with a designated permit can use these spaces. Permits are issued based on need. The central authority, with relevant departments, determines the specifics. Government agencies, schools, groups, and enterprises with parking must comply. Article 99 states that public parking lots failing to comply with Article 56 must improve within a given period or face fines of NT$10,000 to NT$50,000. Sheng-Li Primary School initially had two disabled parking spots. However, since Principal Li Jinshi took office in August 2022, his Lexus has occupied these spots without a disabled parking permit. Over time, these spots became his exclusive parking. In a more egregious move, one of the spots was eventually erased, allowing Principal Li to openly park there. According to the Parking Lot Law, unauthorized use of disabled parking spots must be reported by parking lot operators to the authorities or police. Authorities can require parking lot operators to provide relevant data or reports and inspect their facilities. Refusal to comply will result in fines of up to NT$6,000 for the responsible person. Principal Li Jinshi, as the parking lot manager, violated regulations by occupying disabled parking spots without a permit and failing to reserve the required ratio of such spots. Additionally, he concealed this misuse and did not report it to authorities. His actions, including erasing the disabled parking spots, blatantly violate the law. The NFEU believes the Ministry of Education should establish criteria to remove unfit principals who violate public order, decency, and societal norms.

2024-11-01

[China Steel Express Union] Strong Response to Recent Defamatory "Reports" Against the Union and Its Leaders

To all scholars, union friends, and supporters of the China Steel Express Union seafarers' labor rights dispute: First, we thank the many friends who informed us that a Kaohsiung-registered media outlet, "Ruthless Weekly," published a two-page, eight-section issue on October 21st. The front-page title, "CSE Union Misconduct: Employers Urge Legal Compliance," and an entire second page uncritically reproduced China Steel Group’s statements while making numerous false accusations and defamatory remarks against the union and its leaders. Unlike most of the outlet's articles, which are signed by reporters, this attack was signed under a pseudonym. What's more perplexing is that this media outlet spent considerable postage to mail this false report to unions, labor groups, and scholars across Taiwan. Therefore, regarding this so-called "report", which is actually an attack on the union, we believe it is absolutely necessary to refute its false content point by point to set the record straight: False Statement: The union's fight for seafarers' rights violates international conventions. Clarification: The claim that “the union's demands for indefinite employment contracts and the reinstatement of labor and health insurance violate international conventions and prevent Taiwanese ships from passing port inspections and docking operations” aligns with China Steel Express (CSE) management's long-standing misinformation. The "international convention" mentioned here is the International Labour Organization's (ILO) Maritime Labour Convention (MLC) of 2006. However, neither the English version nor the Chinese translation of the MLC requires seafarers to sign fixed-term contracts, which offer less protection. On the contrary, Rule 2.1 of the MLC's Seafarers' Employment Agreements mandates that the terms for termination and conditions be clearly stated in the agreement. In an indefinite employment contract, the shipowner's notice period must not be shorter than the seafarer's notice period. In other words, the MLC explicitly allows shipping companies to sign indefinite contracts with seafarers. Additionally, the conditions for terminating these contracts must be clearly stated in the agreement between both parties. Furthermore, CSE has repeatedly deceived the public by claiming that the MLC requires seafarers to sign fixed-term contracts because "seafarers cannot stay on board for more than 12 months, after which the employer must repatriate them." This is a malicious distortion of the MLC. The MLC, in Rule 2.5 "Repatriation," clearly states that its purpose is to ensure seafarers can return home. It specifies that seafarers should not serve on board for more than 12 consecutive months. In other words, the rule is about ensuring seafarers can return to shore for rest, and it has nothing to do with requiring fixed-term contracts. This shows that the criticisms in this "propaganda" piece are entirely copied from CSE’s lies and are completely contrary to the MLC's aim of protecting seafarers' rights. False Statement: CSE Union falsely accuses CSE of forcing out Taiwanese seafarers?          Clarification: The changes in the number of Taiwanese seafarers at CSE since 2019 speak for themselves. Year 2019 2023 2024 Number of Taiwanese Seafarers 656 478 315 Source: China Steel Express Corporate Sustainability Report CSE has used fixed-term contracts as a control method, especially since the union was established in 2018. By delaying the renewal of contracts for Taiwanese seafarers, many have been forced into a situation with no income and eventually pushed out of their jobs. In contrast, during this period, CSE prioritized foreign seafarers (mainly Chinese seafarers), reassigning them to ships after a one to two-month break. CSE has never directly responded to the union's and seafarers' accusations regarding this issue. False Statement: CSE has upheld "Administrative Compliance" since its establishment. Clarification: The Ministry of Labor's public records reveal that CSE has repeatedly been found guilty of violating labor laws. See the details below: The Ministry of Labor's public records show that CSE has repeatedly been found guilty of violating labor laws. Details as below: Ministry of Labor Announcement of Employer Violating Labor Laws Governing Authority Date Document # Employer Violated Law Article Details New Taipei City 11/30/2021 Inspection No. 1104747896 China Steel Express Occupational Safety and Health Act Article 6, Paragraph 1 Failure to comply with the necessary safety and health equipment and measures New Taipei City 10/21/2021 Inspection No. 1104742591 China Steel Express Occupational Safety and Health Act Article 6, Paragraph 1 Failure to comply with the necessary safety and health equipment and measures Labor Insurance Bureau 3/30/ 2021 Insurance/ Pension Ref# 11160056652 China Steel Express Labor Pension Act Article 15, Paragraph 2 Failure to accurately contribute the labor pension amount Labor Insurance Bureau 6/13/ 2022 Insurance/ Pension Ref# 11160056652 China Steel Express Labor Pension Act Article 15, Paragraph 2 Failure to accurately contribute the labor pension amount In 2021, a China Steel Express (CSE) employee reported the company's practice of underreporting wages and insufficient pension contributions to the Labor Insurance Bureau. The Bureau confirmed CSE's violations and imposed penalties. However, instead of addressing the issues, CSE wasted resources by suing the Bureau. The Supreme Administrative Court ultimately upheld the Bureau's findings, confirming CSE's violations. At a press conference in December 2023, held in the Legislative Yuan on "CSE's Illegal Withholding of Employee Pension Contributions," both a Bureau representative and Legislator Hung Shen-han emphasized CSE's violations and urged the company to comply with the legal rulings. Despite this, CSE continued to refuse to pay the owed pension contributions. False Statement: Experts supporting seafarers' labor rights are said to misunderstand international conventions and hinder shipping companies' operations. Clarification: This "propaganda" includes anonymous accusations, unfairly criticizing scholars who have researched and spoken about seafarers' labor rights. The article claims these experts "do not understand international conventions and the unique nature of seafarers’ work, supporting workers without considering that violating international conventions will prevent Taiwanese ships from passing inspections and docking..." These baseless and irresponsible remarks are the worst kind of attack on scholars advocating for seafarers' rights. In 2023, the Law School of National Chengchi University collaborated with the CSE Union and hosted an international symposium on "Seafarers' Labor Rights Protection and Social Insurance Systems," co-organized by the Taiwan Labor Law Association and the Confederation of Taipei Trade Unions. The participating professors were all highly respected scholars in Taiwan's labor law field. The symposium also featured three renowned Japanese scholars from top academic institutions who have long studied seafarers' labor rights and welfare. These scholars unanimously reaffirmed that seafarers can legally sign indefinite contracts with shipping companies and clarified that the union's efforts to secure such contracts do not violate the Maritime Labor Convention. The Japanese scholars specifically analyzed the reasonable rights and obligations between seafarers and shipping companies during off-duty periods when seafarers are not on board. This refuted CSE's and the "propaganda" claims that indefinite contracts violate international conventions and shipping industry practices. In reality, there has never been any evidence of seafarers, in Japan or internationally, causing shipping companies to go out of business due to indefinite contracts. False Statement: The union president "exploits" union protests for personal grievances against the company. Clarification: The "propaganda" claims that the union's efforts to protect seafarers' rights are driven by the union president's personal vendetta against the company. Regarding the accusation that the CSE union president "used a company phone for personal business, leading to the phone's confiscation and the president's alleged vendetta," CSE has used this tactic for about four years to intimidate and hinder the union's efforts. In 2020, the CSE union and the Kaohsiung Independent Federation of Unions reported CSE's actions against the union president as workplace bullying, violating the Occupational Safety and Health Act, and requested an investigation by the city's labor bureau. If the union president truly engaged in the improper behavior alleged by the employer or this "propaganda," why would the union proactively report it to the authority for investigation? And why hasn't the employer taken any action against the union president to date? Lastly, we deeply regret any inconvenience caused by this "propaganda," which aims to defame the union for persistently fighting for seafarers' labor rights. We hope the above explanation helps you understand that the union's demands are well-founded and the suppression faced by seafarers is urgent. Rest assured, the union will not back down due to malicious attacks. We will continue to fight for the labor rights and future of Taiwanese seafarers. Thank you all for your support and solidarity!

2024-10-15

[United Daily News – 10/9/2024] 300 Seafarers Jobless Amid Contract Dispute—Union Presses Labor Ministry for Action!

Since late July, China Steel Express (CSE) has cut off Taiwan seafarers’ labor insurance and health insurance, delaying their reassignment to ships. This action forces them out of job, pushing over 300 families into financial hardship. Today, hundreds of union members protested at the Ministry of Labor, demanding a labor inspection, recognition of indefinite employment contracts, and reinstatement of both insurances. The protest escalated into a violent clash, with protesters pushing and shoving at the ministry's entrance. The CSE Union has a long-standing dispute with the company over whether employment contracts should be fixed term or indefinite. After over a hundred seafarers’ insurances were cut off in July, their reassignment to ship duties has yet to happen. At the end of July, the Bureau of Labor Insurance indirectly acknowledged the insurance termination in its communication with CSE. The union argues that determining the nature of labor contracts is the Ministry of Labor’s responsibility, but the ministry has avoided its duty by advising the filing of ineffective lawsuits with local authorities, thereby aiding CSE in exploiting the seafarers. Union member Chen Bo-qian pointed out that it’s been over 100 days since the seafarers' insurance was cut off, yet the Ministry of Labor has not intervened. He questioned why Minister of Labor Ho Pei-shan, who was once sentenced for advocating for laid-off female workers in Kaohsiung 35 years ago, is now failing to support these oppressed workers despite having the opportunity to do the right thing. Wang Ching-hong, chairman of the CSE Union, stated that many seafarers left their families behind during the pandemic to work at sea, generating NT$2-3 billion annual revenue for CSE. Yet the company top executives enjoy these profits while leaving these seafarers in financial distress. Wang called on the Minister of Labor to act consistently, support the workers, and recognize indefinite employment contracts. He further warned that today's protest is just the beginning, and the union may move the protest to Ketagalan Boulevard tomorrow, on National Day, to appeal directly to President Lai Ching-te. A Ministry of Labor official responded to the union’s demands by reiterating respect for the law and court rulings, prompting frequent interruptions from union members. Chen Bo-qian emphasized a precedent 3 years ago when the Ministry proactively determined the employment relationship between delivery workers and platforms. The union demands that the Ministry to initiate a labor inspection and clarify the employment relationship between CSE and the seafarers. Dissatisfed with the official's response, over 100 protesters shouted, "Return our right to work!" and clashed with police at the entrance of the Ministry of Labor, creating a tense scene. Wang Hou-wei, Director of the Department of Labor Relations, explained that since the labor contract dispute between CSE and the seafarers is still being litigated in court. Therefore, the ministry cannot compel the company to reinstate insurance during the lawsuit. However, the Ministry can provide legal aid assistance if needed. Wang further noted that the ministry has assisted both sides during negotiations and urged the company to treat the seafarers fairly and resolve their disputes through dialogue. He emphasized that the Ministry has received the union’s complaints and will address any labor law violations. A labor inspection will be conducted if needed, and violations will be penalized. However, due to the unique nature of seafarers' employment, if work-related rights involve seafarer-specific regulations, the Ministry will refer the matter to the Ministry of Transportation and Communications for further action. Regarding the impact on seafarers' right to work, Wang stated that the Ministry will request a list of union members. If any Taiwanese seafarers are willing to work but have not been assigned, the ministry will ask CSE to prioritize job assignments, ensuring employment protection for domestic workers.

2024-10-09

[China Steel Express Union] 300 Seafarer Families in Crisis: Is the Labor Ministry Shielding China Steel?

Since July, China Steel Express(CSE), a wholly-owned subsidiary of the state-owned Steel Group (CSG), has illegally terminated the labor and health insurance for Taiwanese seafarers and delayed reassigning shore-based Taiwanese seafarers to ships, pushing over 300 families into financial distress. When over 100 Taiwanese seafarers had their labor and health insurance unlawfully cut off by CSE in July, The CSE Union has immediately reported it to the Ministry of Labor, arguing that the labor contracts should be indefinite and the termination illegal. However, the Ministry did not intervene. Instead, in late July, the Bureau of Labor Insurance indirectly accepted the company illegal practice and redirected the responsibility for determining the labor contracts’ nature back to the union and seafarers, suggesting they seek help from local labor authorities or courts. This response essentially defended CSG and CSE from their unlawful actions. It has been over 100 days since CSE illegally terminated seafarers’ insurance. The union, affected seafarers, and their families, have reached their limit. Tomorrow morning (the 9th), they will mobilize a large-scale protest to the Ministry of Labor, demanding that Minister Ho Pei-shan’s commitment to resolving the issue. They demand immediate action to correct the company's illegal actions, allowing the wrongfully dismissed seafarers to return to work and secure their families' livelihoods. The Union stresses that if the Ministry of Labor doesn’t promise to help the wrongfully dismissed seafarers return to work and restore their insurance, hundreds of seafarers, their families, and supporters will "enter" the Minister Ho Pe-shan's office to petition directly. They won’t leave without a substantial guarantee and may go to the National Day event at the Presidential Office Plaza on the morning of the 10th to directly petition President Lai Ching-te for help.

2024-09-20

[China Steel Express Union] Taiwanese Seafarers' Rights: Over 130 Unions Urge Labor Minister to Act!

In recent years, China Steel Express (CSE) has sold ships and reflagged them to prioritize the hiring of seafarers from China, resulting in the dismissal of over 300 Taiwanese crew members. Worse still, the company terminated the health and labor insurance of 100 onshore seafarers, causing financial distress for their families. The union has been appealing to the Ministry of Labor, but so far, there has been no response. To express solidarity with the affected sailors and demand action from the Ministry of Labor, over 130 labor unions have united to submit a petition. We are urging immediate intervention to resolve the issue. To protect the rights and livelihoods of Taiwanese seafarers and their families, the union has conducted a strike vote. With strong support from members, the union has secured the first legal strike in Taiwan's maritime history. Mr. Mao Zhengkuo, who has led several successful strikes in the past, will lead a task force to train our members for the upcoming strike. We are determined to take all necessary actions to defend seafarers' job rights.

2024-09-03

Historic First in Taiwan's Maritime Industry! China Steel Express Union Secures Legal Right to Strike!

86% of Onboard Members and 90% of Voting Members Back the Strike To defend the employment rights of Taiwanese seafarers, the China Steel Express (CSE) Union held a strike vote between August 16~30, conducted in accordance with the Labor Dispute Act. The vote took place simultaneously on 21 ships at sea and onshore. Today, under the supervision of union officials and legal advisors, the ballots were counted, revealing a significant outcome. Out of 487 CSE Union members, 413 voted, with an 85% turnout. Of those, 371 members (90%) voted to strike, securing the legal right to strike. This marks the first legal strike for seafarers in Taiwan's maritime history. Notably, union members on 21 ships currently at sea had a 99% turnout, with 86% voting in favor of the strike. This overwhelming support is a strong demonstration of Taiwanese seafarers’ dedication to defending their employment rights. The union calls on the company and authorities to promptly address its core demands: reducing the employment of foreign seafarers and prioritizing the hiring of Taiwanese seafarers. The union will convene a representative assembly and board meeting this week to discuss strike plans and organize allied unions for large-scale protests. The strike vote was triggered by CSE's unilateral termination of health and labor insurance for reserve seafarers on July 2, 2024. Despite the union's persistent negotiations, the company refused to reinstate the insurance and misleadingly claimed that the union's rejection of labor-management negotiations caused the issue. As a last resort, the union initiated the strike vote to achieve open and honest negotiations with the company and secure the most basic employment rights for its members. To resolve the dispute, the Labor Bureau chaired a labor-management negotiation on August 26. However, the meeting yielded no results, as the management, represented by Lin Jin-Jun, showed no sincere intent to negotiate. Consequently, the union raised the following demands: Replace the incompetent manager Lin Jin-Jun, who lacks maritime experience and exhibits poor labor relations and leadership. Reinstate labor and health insurance for reserve seafarers in accordance with Seafarer Act Article 52. Allow Taiwanese seafarers the choice between fixed-term and indefinite-term employment contracts as per Labor Standards Act Article 9. Prioritize the employment of Taiwanese seafarers according to the Constitution and the Employment Service Act. Ensure no retaliation in any form. Press Contact: Wang Qinghong, President, China Steel Express Union (0966-557-709)

2024-08-16

Historic First Maritime Strike Vote: China Steel Express Casts Ballots on 21 Ships

[Cool Loud News -Reporter Wang Haozhong] In the past five years, the state-owned China Steel Express (CSE) has replaced over 300 Taiwanese seafarers with Chinese crew members. From August 16th to August 30th, the CSE union held a strike vote, demanding priority hiring for Taiwanese seafarers once current contracts expire and ensuring maritime personnel receive the same compensation packages as office staff. This is the first strike vote in Taiwan's maritime history, held simultaneously on 21 ships of the CSE fleet, both at sea and docked. Wang Qinghong, President of the CSE Union, stressed that as a state-owned company, China Steel Express should set a benchmark in safeguarding labor rights. If CSE seafarers continue to face job insecurity and forced resignations without government intervention, Taiwanese seafarers will have no option but to fight back. Wang confidently stated that the union would secure the right to strike through legal voting procedures. Should the authorities remain indifferent, Taiwanese seafarers are ready to strike at sea anytime. https://www.coolloud.org.tw/node/98646 https://www.facebook.com/share/p/uzDPAkhXZn51UEbD/?mibextid=oFDknk

2024-08-12

State-Owned CSC Blamed for Maritime Job Losses: Over 300 Taiwanese Seafarers Forced Out in 5 Years

2024-07-01

Oppose Food App Merger: Defend Fair Competition and Workers' Rights

Uber Eats recently announced a merger with foodpanda, which would push their combined market beyond 80%. If approved, Uber Eats would gain a monopoly in Taiwan's food delivery market. Currently, local delivery platforms charge restaurant partners over 30% in commissions, much higher than the 15% cap commonly enforced in the US and Europe. This merger would further reduce competition in Taiwan’s market, and harming both consumers and businesses, and exacerbating the already inadequate labor protections for delivery workers. In Kaohsiung alone, there are an estimated 15,000 delivery workers, many of whom are family members or friends of our union members. To prevent a complete monopoly and protect delivery workers’ labor rights, we oppose the merger proposal and urge the Ministry of Labor to prioritize these workers’ rights. Currently, food delivery platforms sign “contract agreements” with delivery workers to avoid "employment relationships". In practice, they act as the de facto employers who exercise direct command, supervision, and control over the workers. For instance, the platforms impose on the delivery workers a strict customer rating system to reinforce control. Such a system only makes sense within an employment relationship. In light of the proposed Uber Eats and foodpanda merger, we have the following demands: Oppose the merger, which would harm the rights of consumers, businesses, and delivery workers. We urge the Fair Trade Commission to prohibit the merger and impose administrative penalties. We urge the Ministry of Labor not to merely delegate self-regulation to local authority for delivery platforms. With over 150,000 delivery workers in Taiwan, the ministry should recognize them as platform employees and penalize platforms for making workers sign contract agreements. Labor laws, including the Labor Standards Act, must be enforced to protect delivery workers’ labor rights, and a dedicated law should be enacted to fill gaps in legal protections. https://www.coolloud.org.tw/node/98484

2024-06-03

[Kaohsiung Education Union] Sheng-Li Principal Abuses Power, Disrupts Campus Order

Principal Li Jinshi obstructed the Union’s operations and refused to deduct union dues, resulting in two Ministry of Labor rulings for 'unfair labor practices,' each fined NT$100,000. Additionally, he allegedly bullied staff on campus, mistreated faculty and union leaders, and repeatedly sued teachers and parents of students. He also filed defamation lawsuits against Union leaders for exposing his various mismanagement issues. After losing the lawsuit, he refiled it, but the Kaohsiung High Prosecutor’s Office swiftly reviewed and dismissed the case. With so many instances of misconduct by the principal, how can teachers and students feel secure in teaching and learning under such management! Press Contact: Wang Qinghong, Acting Chairman, Kaohsiung Independent Federation of Union Mobile: 0966557709 Li Xianneng, Chairman, Kaohsiung Education Union Mobile: 0931329982