| Summary: | 碩士 === 國立中正大學 === 勞工關係學系暨研究所 === 99 === Inspection means protecting the legal and enforce an illegal ban, this thesis discusses about the difficulties inspection in foreign professionals labors. The method are nature analysis and general survey as total 29 persons, center CLA’s 2 person, and local government as 1 person, than compare and explain the arrangement of ideas.
As a result, the foreign professionals’ inspectors have different challenges. In 1st preparing step, which include accused case has effectiveness and re-inspection many times, manpower and electrical facilities are not enough, and identify the case is different that will miss the tracking case. The 2nd entering step, which are forbidding, stopping, checking, and employer will more warning. It’s difficult to find out illegal things, foreign person will says visiting and cause to the business come here. They’re caring about taking the picture for the ethic and efficiency. Due to the inspector only has executive power, and has no police right which status is not like the police, so the employer will doubt them. The female safety of inspection at night. Union cooperation is difficulty, professionals’ working contact and trafficking cases are difficult to identify, the language is not English has communication problem, the concerning phone by public opinion representative, be limited the freedom, threaten, beating, and sued. The 3rd step which are illegal survey is not enough, employer and foreign labor are making a report were fake and get the story straight, lobby has a pressure, measure standards case by the lowest one, deal with the proportion which are association punishment means ”double punishes system” , case by the foreigner has leaving becomes un-enforcing problem, still has written the petition book, and appear in court, during all in once procedure which will have ”player concurrently referee” with contradictory complex.
In different classification has distinguished difficulties, the foreign teacher belong cram school (item D) more easier lawless, due to the employer is not discretion, intentionally or error, the foreign teacher don’t know the law, harbors resentment the retaliation, appeals to the labor dispute, limitation operating location, the quality is irregular (without the working experience). On the other hand, comparing to the highly skilled foreign workers (item A), the foreign national invests the enterprise manager (item B), and foreign teacher at school (item C) are rather than lawless. Due to the high skilled technical, verifies the higher qualify (graduate form university and has 2 years related experience), manpower’s flow rate is low, the limited location is looser than item D. There are also have distinguished between Urban or non-urban, in the urban lobby has a strong power, if the evidence is enough but which will not influence the case, however, in non-urban lobby may influence some cases, and traffic waste a lot of time and push the inspection cases.
The influence of difficulties, internal factors which includes personal characteristic, education degree, working seniority, working experiences, professional skills, training, language ability, high challenge of inspection, and a sense of achievement in negotiations. External factors which includes center government consider the foreign labors’ polity, not enough manpower in re-organization; local government’s working place and organization culture, cross administrative offices confliction, international, and a group of NGO’s consideration.
The latest idea improving the SOP inspection which includes survey the manpower, inspection’s purpose, and maintain the justice law and enforcement spirit.
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