Study on Legal Issues Related to Job Transfer in Taiwan

• Main Authors: LAI,YI-CHIN, 賴儀瑾
• Other Authors: Yang,Tong-Shuan
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/hx3jru

碩士 === 國立中正大學 === 勞工關係學系碩士在職專班 === 106 === As businesses expand their operations into every corner of the world, it is important to ensure that workers as well as existing systems are well adjusted to accommodate job transfers. On September 5, 1985, Ministry of the Interior stated in the letter, Tai-Nei-Lau-Tzu Ref. No. 328433, that the employer must comply with five guidelines for transfers, based on which a job transfer system would be developed. Despite the administrative nature of the five guidelines, they played a directive and indicative role during the legal window period. During this period of time, the cases handled by civil courts were mostly concerned with job transfers involving Articles 17, 20 & 57 of the Labor Standards Act, as well as work rules involving Articles 70 and 71 of the same act. The disagreements, however, uniformly focused on the compensation following the transfer. The legislation did not impose any restrictions on job transfers. After 30 years of refining the legislation, the Republic of China Presidential Decree No. 10400146731 revised and expanded Article 10-1 regarding job transfers on December 16, 2015, stipulating that the employer must not violate the provisions of the labor contract and must comply with the following five guidelines. In response to the amendment made in relation to job transfers, it is important that we make use of Article 10-1 and identify the contentious points in issues relating to job transfers so as to promote the use of such regulations in the future. This study identified a number of controversies regarding job transfers: (1) The definition of employers will affect the labor rights enjoyed by workers. (2) The form of labor contracts determines the appropriateness of job transfers in certain types of work. (3) The standard of approving job transfers based on labor contracts is too lenient. Regarding the above controversies, this study has proposed a few suggestions. (1) Define the definition of employers and establish a commission which handles job transfer cases (2) The transfer regulations in labor contracts may be applied to different types of jobs (3) Reevaluate the circumstances under which workers must accept job transfers