A Study on the Contractual Relationship Disputes of Insurance Industry Workers

• Main Authors: Wu, Hai Yen, 吳海燕
• Other Authors: Cheng, Chin Yu
• Format: Others
• Language: zh-TW
• Online Access: http://ndltd.ncl.edu.tw/handle/96842535129470798210

碩士 === 國立政治大學 === 勞工研究所 === 103 === The legal nature of employment contract was in dispute from the day after Labor Standards Act was adapted to life Insurance industry. Whenever an employer, no matter to tender or to conclude a contract, asks an employee (insurance sales agents) to sign a written employment contract and leaves employees either to accept or decline it entirely, this contract is not an agreement between parties. Regarding the nature of insurance, the sales agent earns commission through soliciting engagement in which employer encourage they to achieve sales target by fair means or fouls or even in the way of tendering the employment contract. How to recognize he legal nature of contract is dependent or not should depend on the insurance sales agent’s identity in Labor Act. In the hope of shedding light on this problem, this research offers a few solutions. The researcher aims to discuss the legal nature of life insurance sales agent from practical experience. The research is divided into five chapters: This research, aims to explore the legal nature of life insurance sales, is divided into five chapters: The research is divided into five chapters: The first chapter is about motivation and goal; the second discusses the type and nature of employment contract in Civil Code as well as its relationship between employment contract in Labor Act; the third quotes from orders issued by executive authority of government and Interpretation Letters and convicts from high court and its branches, theoretically and practically decides the dependency and the type of life insurance sale’s contract; the forth chapter analyzes and unveils the issue using in-depth interview. I.In terms of Policy: i.list relevant table and weighted as soon as possible in collaboration with expert in related field. ii.Create and conduct proper guidance for new law. Ministry of Labor should position the nature of insurance sales’ employment contract that applies to Labor Act. II.In terms of amendment and reform of law: i.Based on the distinctiveness of insurance, in the purpose to protect public interest and to fulfill administrative management, the relative authorities should: a.institutionalize Regulation Governing Insurance Sales Agent. b.Distinguish clearly between Regulation Governing Insurance Sales and Regulation of Service of Insurance Sales, on which the company should report to relative authorities in accordance with law before reveals the regulation publicly. c.initiate registration of insurance sales. It is necessary to keep the registration of insurance sales going for Ministry of Labor has resolved on the conference. In order to catch up with international trends as well as maintain fair competition, at least two insurance companies should be able to register for it. ii.Suggest the amendment of Article 9.4 of Labor Standard Act to add the following statement: Any contract includes dependency relationship shall be regarded as an employment contract. III.In terms of stabilize Labor/Management Relationship i.Ministry of Labor should continue to communicate within and without enterprise. ii.Ministry of Labor, Ministry of Justice and Ministry of Finance should convene cross-department conference on relevant law regularly to find solution for conflict. iii.A healthy Labor/Management relationship is beneficial to figure out solutions for conflicts. iv.institutionalize Regulation Governing Insurance Sales Agent, set the criteria for business representatives and correction on Labor Act, convene the Decree Conference when needed, restate the importance of balanced Employee-Employer-Relationships, and continue to communicate within and without enterprise, in the hopes that this research and be practically useful, in order to deal effectively with contracts.government cannot pass any buck on this issue because public law should protect people’s right.