本研究從勞動觀點出發，檢視台灣媒體組織中的非典型雇用新聞工作者的勞動樣貌，並探討在非典型雇用型態下勞資雙方在生產過程中的互動與關係轉變。非典型雇用新聞工作者則既是受雇於資方的勞工，同時也可視作個人企業。做為勞工，非典型新聞工作者的各項勞動條件幾乎都不如正職工作者；做為個人企業，非典型新聞工作者需獨自面對外在環境變動的風險。正向來看非典型雇用是對於僵化體制的抵抗與反動，脫離組織換取自主性與自由，甚至帶來權力翻轉改變；反向思考則以社會學家Buroway「製造甘願」的概念為基礎，說明非典型新聞工作者對於資方過度剝削的順服，心甘情願參與資方所組織的趕工競賽，透過官僚、科技與價值觀的控制形塑出順服的意識型態。 研究結果依契約型態將新聞媒體產業中的非典型勞動力分為派遣／約聘新聞工作者、自由新聞工作者與獨立／公民記者三種類型，一般非典型雇用新聞工作者勞動條件都比一般正職工作者差，而三種型態的非典型勞動力的契約嚴謹程度會影響到勞動條件與自主性。不同的自主程度會影響到工作者的職業認同感與甘願的機制，派遣與約聘工作者的勞動過程中充滿不甘願的元素但受限於理想與現實卻被迫甘願；自由新聞工作者看似自由自主，但對工作延續性的焦慮也迫使他們落入競爭的遊戲中並自我限縮；獨立與公民記者以無償勞動換取絕對的自主權，然而要在眾多論述中取得框架的定義權，只能以自我剝削換取主流與個人媒體的轉引與跟進，勞動所產生的價值與實際付出不成比例。 本研究建議未來新聞產業界建立良好的新聞鑑價制度，並大力推行公民委製新聞平台，藉此提升台灣新聞產業勞動者的勞動條件與新聞產出品質。 / This research examined the labor of atypical employed journalists in the news industry in Taiwan, discussing the relationship changing between the capitalist and the labor during the production process. Atypical employed journalists are on the one hand the temporary workers who suffer the worse labor condition than permanent employees. On the other hand, they viewed themselves as self enterprise that faced external risks alone. Positive speaking, atypical employment was the resistance of traditional rigid discourse. For the sake of freedom and autonomy, workers leaved organizations and anticipated power reversal. Negatively, based on Buroway’s concept of “manufacturing consent,” this study illustrated how atypical employees submitted to the capitalist’s over-exploitation, willing to making out organized by the capital through the ideology formed by bureaucracy, technology and value control. The results revealed that atypical employed journalists were separated into three kinds: dispatched/contract workers, freelancers and independent/citizen journalists. Generally speaking, those temporary workers’ the labor condition were worse that permanent employees and the type of contracts would affect their working condition and autonomy. Different degree of autonomy could therefore inference occupational identity and consent. Dispatched and contract workers were forced to make consent with the capitalists due to ideal and reality; freelancers seemed to enjoy the freedom and autonomy, but the anxiety to job sustainability forced them to join the competitive game and self-constraint; independent and citizen journalists’ free labor guaranteed the absolute autonomy, but they had to work hard and even self-exploit in order to take advantage of frame disputes in both main stream and personal media. The value conducted during the labor process and the effort they made were out of proportion. This study suggested establishing complete news valuation system, and supporting community-funded reporting to upgrade the labor condition and report quality in the news industry in Taiwan.

近年來，先近諸國無不提出各自版本的「4.0高科技發展策略」，在此先進科技架構下，過去不斷討論的「機器取代人力」的爭論再次浮現。本研究將探討的是：在不久後的將來，4.0高科技發展策略的科技發展是否會威脅人們的工作？又，哪些工作可能被取代？以及工作模式會產生哪些改變？另外，在前述工作的轉變下，企業及社會制度（法政策）應做好怎樣的準備？ 　　本研究由先進諸國對此議題的探討以及政策目標著手，統整包括各國以4.0高科技發展策略的四大核心科技所訂下的策略，以及各領域專家對科技造成工作種類（哪些工作會消失或改變）及型態（勞動彈性化、遠距工作、獨立的知識工作者）轉變的看法、對法政策層次造成的衝擊，接著由前述文獻探討的結果，自行統整出的框架，以套用在台灣現況。 　　前述分析完成後，則聚焦台灣，從產業、社會狀況及政策等層次分析台灣是否已經準備好迎接這波浪潮，以及台灣有何優勢劣勢等。最後，訪談企業個案，並了解以下議題：企業使用4.0高科技發展策略的科技狀況、企業個案對未來的規劃與預測以及個案認為台灣社會應做的準備，並套用上述的各國及台灣文獻分析結果，提出針對企業個案的建議：包括判斷企業內的哪些工作能在新科技介入後更有效率，具體判斷程序為何？以及對個案形塑未來科技化職場的短程及長程建議等。根據上述企業所做的調整建議，亦可提供台灣社會反思的機會，並在研究的最後提出對這波自動化浪潮台灣所應做的準備，在法政策面向上尚有哪些不足。 　　本研究分析由各學者提出的理論，統合意見後認為:企業層次方面，在資源有限的狀況下，面臨4.0高科技發展策略科技導入議題的取捨時，應描繪出未來的企業的圖像，方能明確目標，以量販流通業個案為例：應思索要側重電商自動化或是實體賣場無人化，方有助於排定先後順序，以集中資源提升企業競爭力，行有餘力，則可兩者兼顧；為協助前項建議，本研究提出3W分析法，建議企業就工作說明書進行分析，統整出哪些工作較具有被取代的潛力、時程如何，套用3W分析法的優點在於，企業可思索那些工作可由科技優化，讓企業更能綜觀企業內勞動力狀況，明確策略目標的同時，以漸進式的手法導入科技，改變工作種類及型態，並且，亦可做為提供員工訓練設計的重要依據；至於在台灣社會方面，根據分析，在未來不同時程下，例行性、可預測性的工作將大受威脅，另外，勞動市場將可能變得懸殊化，在勞動法制的領域上應加強彈性安全的勞動市場模式，可參考先進國家的做法，並進一步思索未來無條件基本收入制的可行性。

The use of temporary employment services as a means to achieve flexibility in die labour market led to various complications due to a lack of proper regulation. The atypical formation of the triangular employment relationship, limited rights and less favourable employment conditions of the temporary employees, multiple authority figures and their liabilities under various circumstances and the impact thereof on such employee’ collective bargaining rights caused legal uncertainty in the absence of sufficient legislation to govern it. Temporary employment agencies developed certain methods in order to evade the restrictive labour legislation and employer duties imposed on them, namely by making use of automatic termination clauses (resolutive conditions) and by categorising the temporary employee as an independent contractor. Last mentioned would effectively exclude the temporary employee from labour legislation and the protection it provides. In reaction to abovementioned problems, trade unions have been objecting to the use of temporary employment agencies and went as far as demanding the total ban thereof. This raised the question in the South African Government whether said agencies should indeed be banned. The other option is a less restrictive approach and entails the attempt to regulate these agencies by amending the current labour legislation in order to accommodate temporary employment services. In light of the fact that various proposals to amend the current South African labour legislation (especially with regard to temporary employment services) have been published in the Government Gazette, it can be deduced that the social partners ultimately chose to regulate temporary employment agencies rather than ban them altogether. From an early stage the International Labour Organisation (ILO) provided rules and regulations for the management of employment agencies in general by way of conventions and recommendations. In 1997, in order to give effect to the labour standards identified by it, the ILO brought the Private Employment Agencies Convention into existence. This document could be applied to all temporary employment agencies on an international level. This document provides for administrative regulations, the duties of the agency and the client as well as the rights of the temporary employees concerned. The ILO recommends that all of its member states incorporate the principles contained within this document in their own legislation. Temporary employment services are also used in other legal systems. For purposes of this study, the English law (United Kingdom (UK)) and the Namibian law will be scrutinised. Similar issues to those recognised in the South African law have been identified in these countries. However, each has approached said problems in different ways. The Namibian Government banned the conducting and provision of these services by way of legislation in 2007. The constitutionality of the ban has however been questioned by the Supreme Court of Namibia, after which it had been found to infringe upon the fundamental freedom to carry on any business, trade or occupation. The ban was struck down as unconstitutional. The Namibian Government has since promulgated new legislation in which it removed the ban and replaced it with numerous amendments providing for the regulation of temporary employment services. Since 1973 the UK has been promulgating various instruments for the thorough regulation of temporary employment agencies. These instruments provide for the management of temporary employment agencies and the rights of the employees involved. The relevant legislative instruments have been updated regularly with the purpose of ensuring that the needs of all the parties concerned are met. The UK, as a member state of the European Union (EU), (which has also been providing for the regulation of temporary employment services in various directives), promulgated legislation specifically with the aim to give effect to the principles in the mentioned directives. By way of doctrines and the creation of a third category ―worker‖ the UK has been attempting to prevent any loopholes in their legal system with regard to temporary employment services and the rights of the employees involved. The aim of this study is to investigate all the important complications experienced with temporary employment agencies in order to indicate the impact the atypical circumstances have on the rights of the temporary employees. The degree to which, if at all, the South African law complies with the preferred labour standards identified by the ILO will be pointed out. A comparative study will be conducted, first by ascertaining in detail how the comparable issues in the UK and Namibian law are dealt with, and second by identifying which aspects in these legal systems could be of value to the South African law. Finally the potential effectiveness of the proposed amendments to the South African labour legislation will be analysed, during which recommendations for the unresolved issues will be provided. The recommendations are mainly aimed at achieving sufficient rights and legal certainty for the temporary employees associated with temporary employment agencies. / Thesis (PhD (Law))--North-West University, Potchefstroom Campus, 2013.

The use of temporary employment services as a means to achieve flexibility in die labour market led to various complications due to a lack of proper regulation. The atypical formation of the triangular employment relationship, limited rights and less favourable employment conditions of the temporary employees, multiple authority figures and their liabilities under various circumstances and the impact thereof on such employee’ collective bargaining rights caused legal uncertainty in the absence of sufficient legislation to govern it. Temporary employment agencies developed certain methods in order to evade the restrictive labour legislation and employer duties imposed on them, namely by making use of automatic termination clauses (resolutive conditions) and by categorising the temporary employee as an independent contractor. Last mentioned would effectively exclude the temporary employee from labour legislation and the protection it provides. In reaction to abovementioned problems, trade unions have been objecting to the use of temporary employment agencies and went as far as demanding the total ban thereof. This raised the question in the South African Government whether said agencies should indeed be banned. The other option is a less restrictive approach and entails the attempt to regulate these agencies by amending the current labour legislation in order to accommodate temporary employment services. In light of the fact that various proposals to amend the current South African labour legislation (especially with regard to temporary employment services) have been published in the Government Gazette, it can be deduced that the social partners ultimately chose to regulate temporary employment agencies rather than ban them altogether. From an early stage the International Labour Organisation (ILO) provided rules and regulations for the management of employment agencies in general by way of conventions and recommendations. In 1997, in order to give effect to the labour standards identified by it, the ILO brought the Private Employment Agencies Convention into existence. This document could be applied to all temporary employment agencies on an international level. This document provides for administrative regulations, the duties of the agency and the client as well as the rights of the temporary employees concerned. The ILO recommends that all of its member states incorporate the principles contained within this document in their own legislation. Temporary employment services are also used in other legal systems. For purposes of this study, the English law (United Kingdom (UK)) and the Namibian law will be scrutinised. Similar issues to those recognised in the South African law have been identified in these countries. However, each has approached said problems in different ways. The Namibian Government banned the conducting and provision of these services by way of legislation in 2007. The constitutionality of the ban has however been questioned by the Supreme Court of Namibia, after which it had been found to infringe upon the fundamental freedom to carry on any business, trade or occupation. The ban was struck down as unconstitutional. The Namibian Government has since promulgated new legislation in which it removed the ban and replaced it with numerous amendments providing for the regulation of temporary employment services. Since 1973 the UK has been promulgating various instruments for the thorough regulation of temporary employment agencies. These instruments provide for the management of temporary employment agencies and the rights of the employees involved. The relevant legislative instruments have been updated regularly with the purpose of ensuring that the needs of all the parties concerned are met. The UK, as a member state of the European Union (EU), (which has also been providing for the regulation of temporary employment services in various directives), promulgated legislation specifically with the aim to give effect to the principles in the mentioned directives. By way of doctrines and the creation of a third category ―worker‖ the UK has been attempting to prevent any loopholes in their legal system with regard to temporary employment services and the rights of the employees involved. The aim of this study is to investigate all the important complications experienced with temporary employment agencies in order to indicate the impact the atypical circumstances have on the rights of the temporary employees. The degree to which, if at all, the South African law complies with the preferred labour standards identified by the ILO will be pointed out. A comparative study will be conducted, first by ascertaining in detail how the comparable issues in the UK and Namibian law are dealt with, and second by identifying which aspects in these legal systems could be of value to the South African law. Finally the potential effectiveness of the proposed amendments to the South African labour legislation will be analysed, during which recommendations for the unresolved issues will be provided. The recommendations are mainly aimed at achieving sufficient rights and legal certainty for the temporary employees associated with temporary employment agencies. / Thesis (PhD (Law))--North-West University, Potchefstroom Campus, 2013.