Research and Analysis of Taiwan's Regulations on Labor Outsourcing Agencies

• Main Authors: Cai -ci chiu, 邱采綺
• Other Authors: Li-Hsing Ho
• Format: Others
• Language: zh-TW
• Published: 2006
• Online Access: http://ndltd.ncl.edu.tw/handle/97299943879721411857

碩士 === 中華大學 === 科技管理學系(所) === 94 === Employee leasing is a flexible alternative for human resource management. It is opposed by the labor union due to its impacts on well-being of traditional employment. The major concern is that the increasing adoption of this labor hiring policy will result less traditional long-term work opportunities offered from the enterprises. In addition, it also raises controversies for leaving labors to face uncertainties on working hours, locations and job contents as well as unequal treatments in insurance policies, benefits and salary. Sometimes, employer responsibilities and liabilities are not defined well enough contractually between the Professional Employer Organization and Client Company, and it could lead to a dispute when a worksite employee is hurt in the work place. Nevertheless, from the prospective of Human resource department, employee leasing is still a global trend to keep enterprises competitive. It offers more flexibility on employee management, and there is still room for future development. Professional Employer Organizations (PEO) not only faces public criticism for “merchandising the labors”, but also whether they should be supervised under the regular Employment Service Act or a new legislation specifically designed for Employ Leasing. During the course of this study, controversies related to employee leasing in terms of title, definition, and issues mentioned above had been discussed and responded since 1995. Currently, the focus of employee leasing is on how law makers in Taiwan can legislate the proper regulations concerning the different prospective from Professional Employer Organizations (PEO), worksite employees, and client companies. According to the list provided by the Ministry of Economic Affairs, there are already 8023 Professional Employer Organizations registered in Taiwan. The figure exceeds the estimation from the Council of Economic Plan and Development. It proves that employee leasing is not a new term and an unfamiliar territory for our citizens. It has been practiced and developed over a decade in Taiwan, and will play a more important role in the future. At present, the Council of Labor Affairs who governs employer/labor relationship allows Employee Leasing to be solely based on the labor contract between PEO and worksite employee. Due to lack of direct employer responsibilities and liabilities from the client company, it fails to protect the rights of worksite employees under the current system in Taiwan. While worksite employees provide labor services to a client company, the client company was not governed by any regulations defined under Labor Standard Act, and holds no responsibilities to the employees. There is 8023 existing Professional Employer Organization in Taiwan. This study will look into this particular business model of PEO from the enterprise management point of view, and discuss related government regulations and legislation on employee leasing.