中國大陸《勞動合同法》對台商企業人才招聘與任用影響之探討

• Main Authors: 謝旻洲, Hsieh, Ming Chou
• Language: 中文
• Published: 國立政治大學
• Subjects: 中國大陸; 台商; 勞動合同法; 人力資源管理; Mainland China; Taiwan enterprises; Labor Contract Act; human resource managements
• Online Access: http://thesis.lib.nccu.edu.tw/cgi-bin/cdrfb3/gsweb.cgi?o=dstdcdr&i=sid=%22G0097981017%22.

中國大陸於一九九五年施行《勞動法》，卻因施行多年，部分內容無法因應環境變遷，而產生許多勞動糾紛。為求政權穩固與社會和諧，中共於二○○八年公布施行《中華人民共和國勞動合同法》（以下簡稱為《勞動合同法》），企圖以此法調整勞動關係，促使勞資雙方權利義務取得平衡，以維護社會和諧。 然《勞動合同法》自立法之初至公布施行，引發「傾斜保護勞動者」之疑義，不斷被各界所批評，尤其對台商企業而言，早期勞力成本低廉、招募容易的利基不再，現今勞動力的取得必須簽訂勞動合同，以兼顧勞動意識的抬頭與法令規章的保護，使台商在經營管理上備感壓力，甚至必須遷移他地或轉移他國。 儘管投資環境丕變，台灣企業與台籍人士仍持續前往中國大陸投資、設廠與工作，在此前提下必須了解《勞動合同法》對台商的影響與因應之道。 本研究透過台商企業人才招聘與任用之實務案例，藉由文獻資料分析法，對《勞動合同法》之立法、特色、重要條款與實務案例等進行初探。了解《勞動合同法》對台商企業管理之影響，除了經營成本提高之外，其促使台商企業必須重視勞動法令規章、勞資關係和諧、經營管理風險等問題，同時致力於建立健全的規章制度，招聘與任用安全、穩定的人力，此乃有利於提升企業的競爭力，維護企業生存與發展的因應之道。冀望後續在企業人力資源管理的應用層面進行深入探討，以作為台商企業、台籍幹部、政府部門及有志於中國大陸研究者之參考。 === The mainland China implemented the Labor Act in 1995. However, its partial content cannot cope with the environmental changes due to its implementation for too many years and generated a lot of labor disputes. In order to have a stable government power and social harmony, the CPC issued to implement the PRC Labor Contract Act in 2008 (hereinafter referred as the “Labor Contract Act”) for the purport to adjust the labor relationships by this Act for the balance promotion of rights and obligations between both parties of employees and employers in order to maintain social harmony. However, the Labor Contract Act induces the doubtful concern of inclined protection of labors since its legislation till its issued implementation. It continuously subjecting to the criticisms from all parties; especially for Taiwan enterprises, the niches of lower and cheaper labor costs and easy recruitments in the earlier phase are no longer appeared. Currently the acquirement of labor power should be signed with the labor contract for given considerations on the rising of labor conscious and protection of legal regulations and decrees, which make Taiwan enterprises to subject multiple stresses on their operations and managements and even make them need to move toward other place or transfer to other country. Although the sudden change of investment environment, Taiwan enterprise and Taiwan people still continuously go to mainland China for their investments, factory installations, and workings. Under this premise, it needs to realize the effects of Labor Contract Act on Taiwan enterprises and the coping ways for it. This study conducted the initial investigation on the legislation, feature, important provisions, and practical cases of the Labor Contract Act through the practical cases of personnel recruitments and employments by Taiwan enterprises via the literature data analysis method. It realized the effects of Labor Contract Act on the administrative managements of Taiwan enterprises. Besides the increases of operational costs, it pushes Taiwan enterprises to have their necessary emphasizing on those issues such as the labor provisional regulations and decrees, harmony of employees and employers, and the risks of operations and managements, etc. At the same time, they should strive on the establishments of robust provisional regulation systems, recruitments and employment safety, as well as stable human powers. These are the coping ways that will benefit the competition powers of enterprises as well as maintain the enterprise survivals and developments. We expect to conduct the in-depth subsequent investigation on the application layer of human resource managements in the enterprises in order to have a reference for the Taiwan enterprises, Taiwanese cadres, government divisions, and the researchers who have their interests on mainland China.