| Summary: | 碩士 === 淡江大學 === 公共行政學系公共政策碩士班 === 100 === The employee’s rights of public sector are not the main focus for the related researches. Because the entitlements of public employee are better than of private sector. Public labour market is less affected by the external environment than private sector, resulting in its industrial relations more stable. Due to the striking influence of globalization, starting at 1980s, most of the countries lead to the ideology of neo-liberalism. This giant change tells that all things should be determined by market rather than intervened by government. At the same time, the public sectors in many countries, under the effect of this ideology, start to accept the privatization, flexibility, etc. Meanwhile, the government should lead itself toward a small and well-organized structure so as to improve the efficiency, consequently meeting the need of marketization finally. And then, there are a large number of atypical workers, especially dispatch workers, which are employed by the public sector and brought some questions in Taiwan.
Governments in Taiwan have utilized atypical employment in many ways, such as employment of temporary personnel and usage of dispatched workers. Generally, the government and the temporary personnel sign a fixed-term employment contract (usually one year per term). However, most of the work for temporary personnel is continuous in nature. All temporary personnel hired by the government are entitled to the protection of the Labor Standard Act since Jan.1, 2008. According to the Labor Standard Act, the employer and the temporary personnel should sign the employment contract with non-fixed terms if the work is continuous in nature. Since most temporary personnel employment contracts with the government are one year per term, the practice of the government might violate the Labor Standard Act. In addition to the employment of the temporary personnel, Taiwan central and local governments also utilize dispatched employment to solve the shortage of manpower. Although the government does not violate the law by utilizing dispatched workers to perform government assignments, the usage of dispatched employment by the government still invites many criticisms.
This research uses the method of secondary data and the method of deeply interview for collecting research data. The main finding is the ambiguous responsibility of employer, which resulting the lack of protection for the worker’s rights. I agree we should pass a special law to regulate the dispatch employment relationships. But we need to set the boundary to limit the use of dispatch worker in public sector.
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