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Title: A Study of Dispute of the Labor 'Outsourcing' of the Public Sector in Taiwan: Speaking from the Temporary Staff Dismissal Case in National Taiwan Sports University
Authors: 林良榮
Contributors: 法學院
Keywords: Continuous labor contract;outsourcing;job termination;changing of job nature
Date: 2013-06
Issue Date: 2018-05-29 11:52:29 (UTC+8)
Abstract: Recently, the cases of outsourcing have been pervasively practiced due to the establishment of ”Policies of Private Outsourcing” by the government. Numerous conflicts rose because the original job holders have lost their job and received unfair treatment. In reality, the result of outsourcing is a hiring model that produces a high volume of labor dispatches. The original employer, the government, becomes an agency for job distribution. The original employees have become dispatched workers. From the labors ' perspective, their job responsibilities remain the same; however, their employment status, salaries, benefits, and labor rights are under a new set of different standard. In this article, the rights of those employees who obtain an outsourcing governmental job and are under the protection of labor laws are discussed, especially when they face job termination. In addition, the judicial rulings concerning the aforementioned case is discussed as well. The case cited in this study is: National University of Physical Education v. Its Janitor S. Ct. 553 (2010). The researcher will analyze the rationales of rulings and compare the results of similar type of cases relating to outsourcing conflict.
Relation: 思與言, Vol.51, No.2, pp. 49-96
Data Type: article
Appears in Collections:[法律學系] 期刊論文

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