The Influence of the Draft of Dispatched Employment Bill on the Application of Manpower in Labor Market

碩士 === 國立中正大學 === 勞工關係學系暨研究所 === 103 === Abstract Like a gigantic monster, dispatched employment, has lost control and swept across labor market and again call for the concern of government. The proposed “Act on Protection of Dispatched Workers” (hereinafter referred to as the Dispatched Worker Act...

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Bibliographic Details
Main Authors: Seu-Hua Chen, 陳思樺
Other Authors: Tsai-Chuan Ma
Format: Others
Language:zh-TW
Published: 2015
Online Access:http://ndltd.ncl.edu.tw/handle/31010413918610079662
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Summary:碩士 === 國立中正大學 === 勞工關係學系暨研究所 === 103 === Abstract Like a gigantic monster, dispatched employment, has lost control and swept across labor market and again call for the concern of government. The proposed “Act on Protection of Dispatched Workers” (hereinafter referred to as the Dispatched Worker Act), as the name implies, aims for the protection of dispatched workers. The labor protest on May 1, however, called for “against low payment and dispatched employment.” This truly indicates the lack of support among workers for the Act. Is it because of the negative perception rooted in Taiwan towards dispatched employment? The draft act learned from Japanese experience with the objective to avoid repeating mistakes made by Japan. In 2014, along with the re-emergence of the Dispatched Employment Bill, there is a hope for the promulgation of this long-delayed act. This study clarifies the current status of labor conditions and differences among dispatched workers employed by both private and public sectors as well as discusses the impact of “the maximum use limitation of dispatched employment,” “equal pay for equal work,” “probation period,” and “specified workers” in the Dispatched Employment Bill on the future development of labor market. This study investigates dispatching firms, user enterprises, dispatched workers, and directors of the public sector via in-depth interviews to understand and discuss whether changes are triggered by the Dispatched Employment Bill. Among the 18 subjects, those in the public sector all work for Ministry of Labor. Thus, the research questions that address the impact of the Bill on labor market and future responses are described below: (1) What do dispatching companies think of the Bill of Dispatched Employment? How should they respond to it? (2)Will the Bill of Dispatched Employment help to improve the work conditions of dispatched workers? The study finds the responsive measures taken by labor market towards the Act on Protection of Dispatched Workers. Ministry of Labor takes charge of industrial relationship matters as well as the competency agency to promulgate the Act. Will it take the lead to convert dispatched employment contracts into subcontracting agreement in order to avoid regulations governed by the Bill. This study also discovers the stricter the use condition regulated in the Bill results in more effective reduced use of dispatched workers. Yet, this Bill has no concrete benefits for dispatched workers. Faced the disorder of dispatched employment, the government should pass the Bill as soon as possible to protect the rights of labors. Generous rewards rouse one to heroism. Therefore, it is suggested that heavy punishment should be imposed in the Bill and foreign labor employment should be prohibited to protect employment safety of our people. Keywords: dispatched employment, the Act on Protection of Dispatched Workers, the maximum use limitation of dispatched workers, equal pay for equal work