中國大陸勞動合同法對臺資企業衝擊之研究

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Title:	中國大陸勞動合同法對臺資企業衝擊之研究
Other Titles:	The research of labor contract law: the impact on the Taiwan funded industries. 中國大陸勞動合同法對台資企業衝擊之研究
Authors:	陳嘉宏;Chen, Chan-hone
Contributors:	淡江大學中國大陸研究所碩士在職專班潘錫堂;Pan, His-tang;龔春生;Gong, Chun-sheng
Keywords:	勞動合同法;勞動法;無固定合同;Labor Contract Law;Labor Law;the economical compensation
Date:	2009
Issue Date:	2010-01-10 23:24:44 (UTC+8)
Abstract:	本研究以目前在大陸從事傳統產業，及電子代工投資及設廠之台商為對象。利用文獻分析，探究大陸「勞動合同法」之緣起、意涵及目的，並從1995年頒布之「勞動法」與2008年頒布之「勞動合同法」兩者具體做法差異性，與法條變革，研析出「勞動合同法」對台資企業影響之法條。並透過大陸產、官、學發表之言論、文章書籍方式了解，「勞動合同法」法條對台資企業影響之層面，及針對影響層面以深度訪談方式，訪問多位台資企業代表目前因應做法，歸納出對「勞動合同法」對台資企業產生影響之各項因應做法，做為大陸台資企業現階段之建議。 1995年「勞動法」在頒布初期，正是台資企業投資大陸最盛時期，然「勞動法」，頒訂初期顯然並未對多數台資企業產生重大衝擊，而「勞動法」實行至今已超過十三年，然而在這期間發生了多項的重大勞資糾紛，演變出大規模抗議、辭工等事件；大陸當局意識到面臨國際與論與國內政權之威脅，並於2008年正式公佈新「勞動合同法」，主要就是要彌補及規範勞動法執行不嚴帶來之，「短期合同」、「不簽合同」「拖欠工資」、「勞動糾紛處理不完善」等現象，就官方而言「勞動法」和「勞動合同法」並無差別只是執法較嚴格，而大陸台資企業的反應是員工「社會保險」、「經濟補償」及「無固定合同」等方面給企業帶來了經營與成本壓力，這些影響帶來了成本上的增加及公司營運之困難，其成本增加程度甚至高達基本工資40％以上，加上大陸取消各項退稅、優惠政策及2008年世界性金融風暴等影響，台資企業如何因應是一重大課題。為補強文獻不足部分，筆者透過對台資企業代表深度訪a談，了解台商之衝擊及因應，並以大陸各地區對「勞動合同法」之執行程度，分析出沿海地區及中、小型和過去未守勞動法規定之台資企業，受「勞動合同法」影響最大做為結論，並建議以減少勞資糾紛、採自動化設備提升競爭力、適當勞務派遣工、提昇企業形象品牌、等降低人力成本或提高獲利來因應。 This research used the literature analysis method to investigate the origin, the meaning and the goal of “Labor Contract Law” which was promulgated by Mainland in 2008, and also studied the differences and the evolution of clauses between “Labor Contract Law” and “Labor Law” which was promulgated in 1995 in order to analyze the impact of “Labor Contract Law” on the Taiwan funded industries. Moreover, this research also helps us to understand the effects of “Labor Contract Law” for the Taiwan funded industry by analyzing the industrial, the official and the academic announcement or publishing of Mainland. Afterward, by the deep interview, we visited many delegates of Taiwan funded industry who engaged in the traditional industry and electronics OEM/ODM at present in the Mainland to sum up the management which can deal with the impact of the “Labor Contract Law”. The initial period which the “Labor Law” was promulgated was the most abundant time of the Taiwan funded industries in Mainland and obviously has not had the significant impact on the most of them. However, there were many significant labor disputes which evolves large-scale events and resignation since the “Labor Law ” was promulgated. The mainland authority realizes that they faced the threat of international public opinion and the domestic political power, and the mainland authority announced “Labor Contract Law” officially in 2008 which mainly make up and regulate the phenomenon which induced by the lax execution of the law, such as “the short-term contract”, “not to sign the contract”, “the postponement of wages”, “the inappropriate dealings of labor dispute” and so on. Officially speaking, there is almost no difference between the “Labor Law” and the “Labor Contract Law”. However, the Taiwan founded industries thought that the social security, the economical compensation and the un-fixed contract of their staff brought the stressor for the companies. These kinds of the influences would bring the increasing degree of the cost which even reached 40% of the base payment and enhance the difficulty of the operation. In addition the mainland cancel each tax reimbursement, the preferential policies and the impacts of the worldwide financial storm in 2008, it is becoming an important issue for the Taiwan founded industries to learn how to deal with these problems. In order to reinforce the insufficient part of literature, this research helps us to realize the impacts and the coping of the Taiwanese businessman by interviewing the delegates of the Taiwan funded industries. This research also analyzed the execution of the “Labor Contract Law” and found the coastal area, the medium type, and the small type Taiwan funded industries, and others that have not obey the law in the past have the biggest impacts from the “Labor Contract law”. We suggest that the Taiwan funded industries can deal with these impacts by diminishing the cost of human resource or improving profit such as reducing the labor dispute, promoting their competitive power by using the automatic equipments, hiring the service dispatch labor, and promoting brand reputation and so on.
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