| Summary: | 碩士 === 國立政治大學 === 國家安全與大陸研究碩士在職專班 === 103 === 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.
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