Institute for Migrant Rights

MIGRATION AND LABOR LAWS IN COMPARISON · EAST ASIA

Legal mechanisms for migrant workers in East Asia

A migrant worker in Taiwan, South Korea, Hong Kong or Japan has five routes to a remedy: the labor dispute system, national human rights and anti-trafficking bodies, the home country, international bodies and, for fishers, the trade measures of the states that import the catch. Most individual claims are settled in the first route. The others rarely pay one worker, but they can change the rules for everyone.

This overview is a guide, not legal advice. Rules and deadlines change; check with the labor authority, your embassy or a legal aid organization before you act. Back to the East Asia overview

1

The labor dispute system

In all four jurisdictions a wage or contract claim starts with the labor authority, which tries to settle it, and moves to a court or tribunal if that fails. Crew on distant-water vessels are the exception: they are rarely in port long enough to use these routes, and in Taiwan they fall under the Fisheries Agency rather than the labor authorities.

JurisdictionFirst stepIf it is not settledNotes
TaiwanCall the 1955 hotline (free, 24 hours, several languages) or apply for mediation at the city or county labor bureauLabor courts under the Labor Incident Act 2020, with mandatory labor mediation in courtDistant-water crew: complaints to the Fisheries Agency; the 1955 hotline also takes their calls
South KoreaPetition to the regional labor office for unpaid wages; 1350 hotline with interpretationCivil courts; Labor Relations Commission for unfair dismissalSeafarers on vessels of 20 tons and over: the Ministry of Oceans and Fisheries' regional maritime offices
Hong KongLabour Department conciliation; dedicated hotline and portal for domestic helpersLabour Tribunal; Minor Employment Claims Adjudication Board for claims up to HK$15,000Complaints about agency fees go to the Employment Agencies Administration
JapanLabor Standards Inspection Office; for trainees, the Organization for Technical Intern Training (consultation in workers' languages)Prefectural labor bureau dispute adjustment; labor tribunal and courtsFree legal consultation through the Japan Legal Support Center (Houterasu)

Leaving an employer without following the rules can cost a worker their status. In Hong Kong a helper whose contract ends must normally leave within two weeks; in South Korea and Japan a change of workplace needs to be registered. Ask first.

2

National human rights and anti-trafficking bodies

These bodies cannot order an employer to pay, but they can investigate, recommend changes to ministries and press the police and prosecutors. Their findings are read by UN bodies and by importing states.

  • Taiwan: National Human Rights Commission (under the Control Yuan, since 2020); Human Trafficking Prevention Act victim identification by police and the National Immigration Agency
  • South Korea: National Human Rights Commission of Korea, which has made recommendations on migrant fishers; forced-labor identification guidelines for inspectors and police (2026)
  • Hong Kong: Equal Opportunities Commission (sex and race discrimination); no national human rights institution
  • Japan: no independent national human rights institution; Ministry of Justice human rights counseling

3

Your home country

Sending states regulate recruitment and can sanction agencies at home, even when the employer is abroad. Indonesian workers can turn to the Indonesian Economic and Trade Office in Taipei, the embassies in Seoul and Tokyo, the consulate-general in Hong Kong, and after returning to the Ministry for the Protection of Indonesian Migrant Workers. Filipino workers can turn to the Migrant Workers Offices of the Department of Migrant Workers. Claims against a recruitment agency are often easier to bring at home.

4

International mechanisms

Only South Korea accepts individual complaints to UN treaty committees: to the Human Rights Committee (since 1990), the Committee on the Elimination of Racial Discrimination, the Committee against Torture, the CEDAW Committee and the disability rights committee. Japan and China, for Hong Kong, accept none. Taiwan cannot be brought before UN bodies at all; instead it invites independent experts to review its reports under the covenants, and civil society can submit parallel reports.

MechanismWho can use itWhat it can produce
UN Human Rights Committee (individual communications)Individuals, against South Korea, after domestic remediesViews finding a violation, with recommended remedies
UN treaty body reviews (CESCR, CEDAW, CERD, Human Rights Committee)Civil society, for South Korea, Japan and Hong Kong (through China's reports)Concluding observations that name the problem and the fix
UN Special Rapporteurs (on migrants, trafficking, contemporary slavery)Anyone, about Japan, South Korea or Hong KongA letter to the government, published later
ILO supervisory systemWorkers' organizations: comments to the Committee of Experts, and representations under Article 24 of the ILO ConstitutionFindings on ratified conventions (for example C29 for South Korea and Japan)
Taiwan's international review of the covenantsCivil society, through parallel reportsConcluding observations by independent experts

5

Trade and fisheries routes

For fishers on distant-water vessels, the strongest levers are often held by the states that import the catch and by regional fisheries bodies. They do not compensate a worker, but they can stop a vessel's catch at the border.

  • United States: allegations to Customs and Border Protection under 19 USC 1307, which can lead to a Withhold Release Order against a named vessel; information to the Department of Labor for its list of goods produced by forced labor.
  • European Union: from December 2027, information to the European Commission under the Forced Labour Regulation (EU) 2024/3015, which can lead to a ban on placing products on the EU market.
  • Western and Central Pacific Fisheries Commission: crew labor standards apply to members' vessels from 2028; reports can be raised through members and observers.

6

What helps a case succeed

  • Keep copies or photos of your contract, passport, residence card, wage slips and transfers home.
  • At sea, note the vessel's name and number, dates, positions if you can, and the names of officers and the agency.
  • File before you leave the country or the vessel when you can. Claims are much harder to bring from abroad.
  • Ask for an interpreter. The hotlines and labor offices can arrange one.
  • Never sign a document you do not understand, especially one that says you were paid in full.

SOURCES

Laws and procedures as summarized on the East Asia overview; UN individual complaint acceptance from OHCHR and the UN Treaty Collection (to be rechecked before citation). Procedures, hotlines and thresholds change: check the official websites.

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; dispute resolution; labor inspection; complaint mechanisms; 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.