The Research of Labor Contract Law: the Impact on the Taiwan Funded ndustries.

• Main Authors: Chan-Hone Chen, 陳嘉宏
• Other Authors: Hsi-Tang Pan
• Format: Others
• Language: zh-TW
• Published: 2009
• Online Access: http://ndltd.ncl.edu.tw/handle/69081725871254275629

碩士 === 淡江大學 === 中國大陸研究所碩士在職專班 === 97 === This research used the literature analysis method to investigate the origin, the meaning and the goal of “Labor Contract Law” which was promulgated by Mainland in 2008, and also studied the differences and the evolution of clauses between “Labor Contract Law” and “Labor Law” which was promulgated in 1995 in order to analyze the impact of “Labor Contract Law” on the Taiwan funded industries. Moreover, this research also helps us to understand the effects of “Labor Contract Law” for the Taiwan funded industry by analyzing the industrial, the official and the academic announcement or publishing of Mainland. Afterward, by the deep interview, we visited many delegates of Taiwan funded industry who engaged in the traditional industry and electronics OEM/ODM at present in the Mainland to sum up the management which can deal with the impact of the “Labor Contract Law”. The initial period which the “Labor Law” was promulgated was the most abundant time of the Taiwan funded industries in Mainland and obviously has not had the significant impact on the most of them. However, there were many significant labor disputes which evolves large-scale events and resignation since the “Labor Law ” was promulgated. The mainland authority realizes that they faced the threat of international public opinion and the domestic political power, and the mainland authority announced “Labor Contract Law” officially in 2008 which mainly make up and regulate the phenomenon which induced by the lax execution of the law, such as “the short-term contract”, “not to sign the contract”, “the postponement of wages”, “the inappropriate dealings of labor dispute” and so on. Officially speaking, there is almost no difference between the “Labor Law” and the “Labor Contract Law”. However, the Taiwan founded industries thought that the social security, the economical compensation and the un-fixed contract of their staff brought the stressor for the companies. These kinds of the influences would bring the increasing degree of the cost which even reached 40% of the base payment and enhance the difficulty of the operation. In addition the mainland cancel each tax reimbursement, the preferential policies and the impacts of the worldwide financial storm in 2008, it is becoming an important issue for the Taiwan founded industries to learn how to deal with these problems. In order to reinforce the insufficient part of literature, this research helps us to realize the impacts and the coping of the Taiwanese businessman by interviewing the delegates of the Taiwan funded industries. This research also analyzed the execution of the “Labor Contract Law” and found the coastal area, the medium type, and the small type Taiwan funded industries, and others that have not obey the law in the past have the biggest impacts from the “Labor Contract law”. We suggest that the Taiwan funded industries can deal with these impacts by diminishing the cost of human resource or improving profit such as reducing the labor dispute, promoting their competitive power by using the automatic equipments, hiring the service dispatch labor, and promoting brand reputation and so on.