| 摘要: | 傳統上公部門員工的勞動權益保障並非相關研究的主要議題，這是因為公部門員工的勞動福利一般來說均優於民間部門的勞工，再者，公部門的勞動體系較少受到外部環境影響，導致其勞資關係相對穩定。但自1980年代開始，由於經濟全球化的衝擊，歐美各國受新自由主義與新公共行政思潮影響，認為一切事務應交由市場決定，政府不宜有太多的干預，而有「解除管制」的策略興起。所以，當政府同樣也和民間企業一樣面臨全球性競爭，這樣的解除勞動市場管制的思維也在公部門發酵，所以，公部門開始出現大規模的私有化與彈性化等行政方式，透過勞務外包與派遣等方式進行改革。同時，主政者也認為公部門組織應走向小而美的組織結構以增加效率，如此才能符合市場化的需要。這導致了公部門亦與私部門一樣出現愈來愈多的非典型勞動者，這亦對勞工權益保障的體系產生重大衝擊，我國也不例外。
本研究以公部門派遣勞工權益保障為題，以次級文獻與深度訪談的方式，進行相關資料蒐集。經研究發現，公部門使用派遣勞動最主要的勞動權益保障問題與私部門相同，在於雇主責任不明。作者主張我國應該對於派遣勞動進行法律規範，以明確保障派遣勞工的權益，同時對於派遣勞動雇用員額予以限制。
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. |
