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PDF(2.7mb) - 國家政策研究基金會

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286 Taiwan Development Perspectives 2009<br />

legitimizing dispatch work, either being pro to<br />

employers or con to workers, or vice versa. Undoubtedly,<br />

if the legitimizing of dispatched work<br />

were delayed, rights of all parties involved in the<br />

triangular arrangement would be heavily impaired.<br />

Besides, how to help female workers not to<br />

become permanent dispatched workers is of much<br />

concern to the government. Generally speaking,<br />

education and training are the most important<br />

means of facilitating labor mobility. Accordingly,<br />

the responsibility of dispatched work agencies for<br />

giving education and training to dispatched workers<br />

should be clearly stipulated. Otherwise, dispatched<br />

workers will find it difficult to develop<br />

their career and further development of dispatched<br />

work might also be hindered.<br />

Conclusion<br />

Dispatched work has been a product of modern<br />

economic and social environments and its development<br />

is irreversible. It should not be prohibited<br />

by law. However, in consideration of the<br />

negative impact of dispatched work on employment<br />

security, taking laissez-faire stands on its<br />

development is also unrealistic. Since neither regulation<br />

nor deregulation is appropriate in dealing<br />

with the development of dispatched work,<br />

re-regulation turns out to be the way out. 11 As<br />

discussed above, amending the Labor Union Act<br />

and providing dispatched workers with more flexibility<br />

in choosing to join or participate in either<br />

user enterprise-based or dispatched work agency-based<br />

labor unions serve as an example of<br />

re-regulation.<br />

There is no doubt that legitimizing dispatches<br />

work would be the most urgent task of the gov-<br />

11 Standing. Guy. 1997. “Globalization, Labour Flexibility<br />

and Insecurity: The Era of Market Regulation.“<br />

European Journal of Industrial Relations.<br />

3(1): 7-37.<br />

ernment. Once dispatched work is legalized, many<br />

problems can be easily solved and rights of all<br />

parties concerned well protected. Given the interaction<br />

among the government, employers and employees,<br />

it is not easy to legitimize the triangular<br />

arrangement.<br />

Finally, law and regulations are only one of<br />

many factors influencing the development of employment<br />

relations. Tripartite consensus and support<br />

for dispatched work are indispensable to the<br />

continued development of dispatched work in<br />

Taiwan.<br />

Bibliography<br />

Cheng, Chin-chin, 1998, “A Study on Issues<br />

of ‘Dispatched Work,’” paper presented at the Seminar<br />

of “The development of ‘Dispatched Work’<br />

and Its Impact” organized by the Council of Labor<br />

Affairs, March 7, Taipei, Taiwan.<br />

Cordova, Efren. 1986. “From Full-time Wage<br />

Employment to Atypical Employment: A Major<br />

Shift in the Evolution of Labour Relations?” International<br />

Labour Review. 125(6): 646-648<br />

Heery, Edmund & Abbott, Brian. 2000.<br />

“Trade Unions and the Insecure Workforce.” In<br />

Heery, Edmund & Salmon, John ed. The Insecure<br />

Workforce. (London: Routledge) p. 157.<br />

Ong, Yu-chen, 2000, An Evaluation on the<br />

Effects of “Dispatched Work” on “Dispatched<br />

Workers”. Master’s thesis of the Department of<br />

Labor Relations, National Chungcheng University.<br />

Ozaki, Muneto. 1999. Negotiating Flexibility:<br />

The Role of the Social Partners and the State.<br />

(Geneva: ILO). P. 99.<br />

Polivka, Anne E. & Nardone, Thomas. 1989.<br />

“On the Definition of ‘Contingent Work’.”<br />

Monthly Labor Review. 12(12): 13.<br />

Standing. Guy. 1997. “Globalization, Labour

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