A Study on the Issues of Dispatched Employment in Taiwan

• Main Authors: Yi-Hua Wang, 王憶華
• Other Authors: Geng-Scheng Lin
• Format: Others
• Language: zh-TW
• Published: 2007
• Online Access: http://ndltd.ncl.edu.tw/handle/39168694067337746288

碩士 === 中原大學 === 財經法律研究所 === 95 === Abstract The title of this thesis is A Study on the Issues of Dispatched Employment in Taiwan. The researcher aims at exploration on the issues in practice of dispatched employment in Taiwan with interviews, reference of documents, books, thesis papers and research reports. Comparing with legislation abroad, the researcher arranges the relevant data in the hope to bring an accurate understanding of dispatched employment which is having increasing attention from this research. Different from the typical employment, dispatched employment is a new manpower employment model, involving the rights and obligations of dispatching agency, dispatched workers and client. The dispatching agency do not directly instruct or supervise the dispatched workers. The client, who do instruct and supervise the dispatched workers, do not have contract relations with the dispatched workers. This situation tends to lead to legal issues in employers’ responsibilities. It is, therefore, an important issue to clarify the rights and responsibilities among the triangular relationship. This thesis paper is divided into three parts. The first part discusses the legal relations and rights and obligations between dispatching agency, dispatched workers and client. Owing to different service payment methods, there are three types of contracts. Comparing the system with similar ones, the researcher concludes characteristics of dispatched employment. As for rights and obligations, the researcher explores main settlement and subordinate settlement obligations. In the second part, with practical interviews, the researcher attempts to understand the problems from dispatched employment in practice and current situations such as fixed-term contracts and protection of interests of dispatched workers. Opinions or suggestions are given after arrangement and discussions. In the last part, the researcher first refers to the legislation abroad and discusses the necessity of legislation and legislation model for dispatched employment in Taiwan. Simple introduction and discussions are submitted on several drafts of dispatched employment acts in Taiwan. The researcher also attempts to point out several points which require attention and offers suggestions as the reference of future legislation. In the end, the researcher concludes the discussions in each section and offers several suggestions as the conclusion of this thesis paper. First, issues of practice are to manifest the gap between the current regulations and practice of dispatched employment, such as responsibilities of employers, including settlement obligations, occupational accidents responsibilities and infringement of rights, etc. The researcher supports the concept of mutual employers. That is, dispatching agency and dispatched workers have to be mutually responsible. This shall be stipulated in future legislation. Second, one shall consider the maintenance of dispatched workers’ interests in two directions—regulations on dispatch institutions and education on dispatched workers. Moreover, with reference of legislation in advanced countries and our condition, we need to have an exclusive, comprehensive and consistent law to govern dispatched employment.