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Controversies over the Applicability of the Labor Standards Act to Freeway Toll Collectors: Also on Contract Employees in Taiwan's Administrative Agencies and Their Eligibility for the Application of the Labor Standards Act
Scope of Applicability of the Labor Standards Act;Contract Employees;Temporary Workers;Administrative Contracts;Fixed-Term Contracts;Specific Contracts;Continuous Work;Workers Hired for Budget Reasons;Corporate Management Risks;Work of General Affairs
|Issue Date:||2019-07-24 15:59:42 (UTC+8)|
Due the recent abolition of toll booths, labor disputes between freeway toll collectors and the Taiwan Area National Freeway Bureau have occurred, drawing intense social attention. The point of dispute in this case epitomizes the common disputes over contract employees in Taiwan's administrative agencies. First of all, since the laws applicable to contract employees differ, contract employees are divided into two groups: those who are protected by the Labor Standards Act (hereafter referred to as the Act) and those who are not. Employees hired in accordance with the contracted-employment regulations are regarded by the Ministry of Civil Service as employees in administrative contracts with the government. Consequently, the Ministry of Labor has not rendered the Act applicable to these employees. However, having considered the dispute between the National Freeway Bureau and freeway toll collectors, the Supreme Administrative Court ruled that the two parties were in a relationship of private employment, and rejected the appeal accordingly. In addition, contract employees to whom the Act is applicable are seen performing continuous duties and renewing contracts repeatedly. The Supreme Court recognized the employees' legality of long-term contract renewal because they are regarded as standing workers outside public offices or workers hired using statutory budgets who perform non-continuous work within specific periods. The incongruous rigor of judicial review adopted for public and private sectors and the resultant judicial decisions risk opening a gate for fixedterm contracts in public sectors.
|Relation:||法學評論, 149, 85-137|
|DOI 連結:||https://doi.org/ 10.3966/102398202017060149002|
|Appears in Collections:||[法學評論 TSSCI] 期刊論文|
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