| Summary: | 碩士 === 中國文化大學 === 法律學系 === 100 === In tandem with the intensive cross-strait commercial interactions, enterprises on both sides of the Taiwan Strait have dispatched workers as their general practice. The mainland authority has already established its own judiciary codes on this aspect, the Law of the People’s Republic of China on Employment Contracts and its subsequent Regulation on the Implementation of the Employment Contract Law of the People's Republic of China in order to provide the basic norms for protecting and regulating dispatched workers. Nonetheless, our government is still drafting judiciary codes of regulating employment contracts. Given the reality of no decrees being currently available, the protection arrangement of dispatched workers in our country is literally incomplete. It is therefore necessary to conduct further legislative actions.
This study employed periodicals, books, theses, research reports and conference papers as its references. The survey found that judiciary codes and regulations on employment contracts, in terms of legislative goals, judiciary framework and contents of substantial texts, established by authorities on both sides of the Taiwan Strait are significantly similar. We therefore expect that we may acquire solid references for further legislative actions on employment contracts by surveying related judicial codes and decrees from both sides of the Taiwan Strait. By doing so, we sincerely commit to completing a legislative task that includes labor protection and employment contracts.
Apart from comparing texts of regulating codes on dispatching workers from sources acquired on both sides of the Taiwan Strait and analyzing their contexts, we also focused on the terms of compensation for occupational hazards affecting dispatched workers and the equal treatments of these dispatched laborers, as well as their rights to organize for engaging in a detailed discussion. Finally, the study also submits a legislative proposal for establishing the legal norms of employment contracts. We recommend that this task be completed as soon as possible so that harmonic labor relations can be built.
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