Institute for Migrant Rights
Pasir Nangka tea estate, Cianjur, c. 1920 · KITLV, CC BY 4.0

MIGRATION AND LABOR LAWS IN COMPARISON

Migrant workers in East Asia

Taiwan, South Korea, Hong Kong and Japan rely on temporary migrant workers in jobs their own citizens leave. This comparative overview covers four groups in particular: migrant fishers in Taiwan and South Korea, with a focus on Taiwan's distant-water fleet; foreign domestic helpers in Hong Kong; and technical intern trainees and specified skilled workers in Japan. It codes how the law applies to each group, maps the treaties, importing-state measures and bilateral agreements that bear on them, and lets you explore and download the data.

I · AT A GLANCE

How the law applies to each group

The unit of comparison is the worker group, not the state, because each jurisdiction runs separate legal regimes for different migrants. The sharpest contrast lies within Taiwan: fishers hired in Taiwan fall under the Labor Standards Act, while crew recruited abroad for the distant-water fleet are governed by fisheries regulations with their own, lower wage floor.

II · COMPARE

Build your own comparison

Choose which features matter for your question by moving the sliders. A weighted comparison appears once you set a weight. Each feature counts 2 when the protection is full, 1 when partial and 0 when absent, following the codebook in section XI.

Check how stable any ranking is: 10,000 random weightings

Each weighting draws every weight uniformly between 0 and 3 (fixed seed, so the result is reproducible). A group that scores highest under most weightings does so regardless of what one values; a split result means the comparison depends on the weights.

III · INTERNATIONAL LAYER

Treaties, and what stands in for them

Taiwan is not a member of the United Nations or the International Labour Organization and cannot ratify their treaties. It has instead written the two UN covenants into domestic law, and its fishing labor rules are increasingly shaped by importing states: the United States lists Taiwan-caught fish as produced with forced labor, and the European Union's yellow card of 2015 to 2019 and its new Forced Labour Regulation reach the fleet through trade. Hong Kong is bound through extension by the United Kingdom before 1997 and by China since.

IV · JURISDICTION PROFILES

Each jurisdiction in detail

V · PEOPLE AND JOBS

Who the workers are

Headline counts for each jurisdiction. Official figures on fishers are sparse and dated, and estimates by advocacy organizations for the distant-water fleets are higher; each figure shows its year and source.

VI · FRAMEWORKS AND AGREEMENTS

The normative framework, by level and nature

Instruments that bind or guide the four jurisdictions on these workers, classified by level (international, regional fisheries bodies, measures by importing states, bilateral) and by nature. Importing-state measures are listed as a level of their own because, for Taiwan's fleet, they do much of the work that treaties do elsewhere. Click a cell in the map to filter the list.

A memorandum of understanding usually creates no binding legal obligation; a treaty or agreement does once in force. A measure of a regional fisheries management organization binds its members and cooperating parties, including Taiwan as a fishing entity.

VII · DOMESTIC LAWS

Domestic laws, with links to the official texts

The statutes, regulations and standard contracts that govern each worker group. Links lead to the official text where a stable address exists, and otherwise to the official legislation database, where the title or original-language title can be searched. Official English translations are for reference; the original-language text prevails.

VIII · CORRIDORS

Where the workers come from

The largest origin countries in each jurisdiction, from the best official figure we could obtain. Indonesia, the Philippines and Vietnam appear in every corridor.

IX · EXPLORE THE DATA

Explore patterns across corridors

Each row is one corridor: a country of origin and the jurisdiction its workers go to. Ask whether corridors with bilateral instruments carry more workers, or whether origins that ratified the UN migrant workers convention are more often covered by one. Results show confidence intervals, p-values and a plain reading.

The corridor data is being prepared.

With few corridors and different populations counted in each jurisdiction, these are descriptive associations, not tests of cause. Large corridors may attract agreements rather than the other way round.

X · LEGAL DEVELOPMENTS

What changed, and when

    XI · METHOD AND CITATION

    How the data was built

    The unit of analysis is the legal regime that applies to a defined group of migrant workers, on paper (de jure), as of the date shown. Enforcement (de facto) is not coded; where reports show a gap between law and practice, the note to the cell says so. Eight features concern labor protection; two (a route to long-term residence and family accompaniment) concern immigration status, following the categories of the International Organization for Migration's International Comparative Study of Migration Legislation and Practice (2002). Each cell is coded by the written rule below and records its note, its source, the date coded and whether it rests on the primary legal text (P) or on a secondary source or a statutory citation not yet checked against the official text (S).

    Limitations: official English translations are unofficial in law and the original text prevails; regulations and ministerial notices change faster than statutes; official statistics on fishers are sparse and dated, and the populations counted differ between jurisdictions. Treaty status should be confirmed in NORMLEX and the UN Treaty Collection before citation.

    Reliability and replication

    • Coding protocol: one coder applied the rules above to 70 cells (7 groups × 10 features). On 31 October 2026 a second reader checked 30 cells against the official legal texts in the original language, quoting the provision; those cells are marked P ("partly" where part of the note still rests on a secondary source or on our reading), and one cell was recoded. A full independent second coding is planned, with agreement reported as Cohen's kappa. Cells marked S should be treated as provisional.
    • Feature selection: the eight labor features follow the core ILO standards for fishing (C188) and domestic work (C189). The mobility, residence and family features follow the restrictions that define temporary labor migration programs in Asia, namely a visa tied to one employer, no change of sector, no route to long-term residence and no family reunion (Oberoi and Sheill 2024; OHCHR 2022), and the immigration-law categories of IOM (2002).
    • Corridor analyses treat each origin–destination pair as a case. Pairs within one jurisdiction are not independent and each jurisdiction counts a different population, so the presets include the destination as a control; the p-values do not correct for clustering and should be read as descriptive.
    • Many tests can be run on the same data. Treat any single significant result as a lead to investigate, not a finding; the statistics engine applies Holm's correction to pairwise comparisons.
    • Any weighted comparison depends on the weights chosen. The stability check under the comparison shows how often each group scores highest across 10,000 random weightings.
    • Replication files: the codebook, every coded cell with its note and source, treaty status, instruments, domestic laws, corridors and developments can be downloaded below as CSV and JSON. Each release carries a version number and a dated change log.

    How to cite

    XII · FROM RESEARCH TO PRACTICE

    From research to practice

    Each jurisdiction profile above lists the arguments the law opens and the avenues for using them, with a printable one-page brief. Our overview of legal mechanisms in East Asia explains labor dispute systems, human rights bodies, home-country channels and international and trade routes.

    Free legal help near you

    Hotlines and organizations in each jurisdiction, with phone numbers we have checked.

    Take your case to a human rights body

    Our Legal Clinic checks which UN or ILO body can hear your case and drafts a rights communication with you. South Korea accepts individual communications to the UN Human Rights Committee. Japan and Hong Kong can be raised in UN and ILO reviews. Taiwan cannot be brought before UN bodies, so trade and domestic routes matter most.

    XIII · SOURCES AND DOWNLOADS

    Sources and downloads

    Static CSV files: Coded cells with notes and sources · Codebook · Treaty status · Instruments · Domestic laws · Corridors · Legal developments. Licensed CC BY 4.0.

    This page summarizes laws for research and advocacy. It is not legal advice. Found a mistake? Write to secretariat@theimr.org.

    For researchers

    This comparison is built for empirical legal scholarship and socio-legal research on migration and the rights of migrant workers, as well as for advocacy.

    The coded variables support statistical analysis in law: cross-national comparison, regression and event-history designs, and law and economics questions such as how recruitment fees, wage protection and limits on changing employer affect migrant workers. The data can be downloaded for replication.

    Keywords: East Asia; Taiwan; South Korea; Hong Kong; Japan; temporary labor migration programs; labor mobility; migrant fishers; domestic workers; empirical legal studies; empirical legal scholarship; quantitative legal research; statistical analysis in law; law and economics; law and economics of migration; comparative law; socio-legal studies; legal pluralism; migration law; labor migration; migrant workers’ rights; human rights law; access to justice; Global South; Asia; Africa; Middle East; Latin America; Indonesia; open data; replication data.