Since Mainland China opened its market, its strengths and low-cost labor appeals to foreign investors and manufacturers, resulting in rapid growth of overall economics. Several investment factors in Taiwan, including rising land price due to economic growth, rising costs of labor, and shortage of labor force, drive Taiwanese firms to base manufacturing plants in Mainland China because of its cheap labor and massive scale of labor force. The aim of this research is to investigate the way in which human resource department adjusts its strategy as a part of enterprise transformation from labor orientation to marketing orientation under the influences of China¡¦s policy of economic transformation. The case study in this research is an outstanding enterprise, having three oversea plants, in southern Taiwan. The analysis and research results are shown as follows. (1) The introduction of the Labor Contract Law of the People¡¦s Republic of China and the Social Insurance Law of the People¡¦s Republic of China brings more disadvantages than benefits to enterprises. The laws improve Chinese laborers¡¦ basic rights at the expense of increasing management risks and labor management costs from Taiwanese firms. (2) Under the influences of global economic crisis, policies to downsize organization structure lead to a loss of talents, but enterprises should enhance its education training, reinforce organizational culture and vision, and speeding up the process of localizing talents. (3) Propelling domestic demand is a policy to sustain economic growth; however, as farmers¡¦ income increases, it is more difficult for enterprises to recruit laborers. Enterprises should be cautious on designing long-term plans of human resources. (4) The Foxconn incident is not an individual case. It shows that an enterprise should provide material assurance as well as spiritual concerns to employees. The butterfly effect of pay raise will speed up enterprise transformation and reach the long-term goal of paralleling Chinese plants to global market. (5) It is crucial for enterprises to provide material assistance to expatriates as well as mental well-being of the employees and the families.

A debate exists regarding the effect of labor protection laws on labor costs. Whether labor protection laws increase or decrease labor costs has implications for risk exposure of affected firms. If the labor costs go up, all else the same, the firm’s breakeven point goes up. Facing increased business risk, the firm must resort to strategies that inhibit the risk exposure, especially if the higher labor costs cannot be transferred, without adverse consequences, to consumers. The strategies include reigning in, if at all possible, operating leverage and financial leverage. Conversely, if the labor costs decrease, a firm’s business risk declines, and the firm has options to increase its operating leverage and/or financial leverage, lower the product price, or do nothing. By examining the Chinese firms’ reactions to the 2007 labor protection laws, we draw conclusions about laws’ directional impact on labor costs. We find that Chinese firms attempt to reduce business risk by lessening labor intensity, and labor-intensive firms are able to reduce the labor intensity at a significantly higher rate than capital-intensive firms. Neither group is able to significantly reduce asset tangibility. We also find that all firms significantly reduce their financial leverages. Consequently, firms’ investments, as measured by sales growth, decline in the post-reform period. These results are consistent with the cost of labor increasing as a result of the stricter labor protection laws.

This research aims to examine the role of Chinese intellectuals in policymaking through the case of Labor Contract Law. Chinese intellectuals have played an important role in shaping of the post-Mao China. The Chinese Communist Party (CCP) leadership have always benefited from their expertise in formulation and development of the reform policies. Also, the fact that the CCP still need intellectuals&rsquo / support for ideological justification for its policies contributes to importance of intellectuals. In addition, intellectuals have affected the policy agenda-setting of the CCP leadership through their effects on the Chinese public opinion which has increasingly become influential since the 1990s. Furthermore, intellectual debates could function as a substitute for party politics in China&rsquo / s one-party system. These all jointly enhance the role of intellectuals in Chinese politics and make it a crucial subject to study. The case of this research, namely the Labor Contract Law, is selected not only for it received a high level of public attention, but also for it is closely related with one of the central matters of contemporary Chinese politics, i.e. economic development path and social justice. This inquiry into the making of the Labor Contract Law lead the author to emphasize that tension and animosity between liberal intellectuals and the authoritarian state, on which the existing literature largely focuses, is just one aspect of the intellectual politics in China. In the context of re-configuration of power and wealth due to the marketization, intellectuals&rsquo / position in the society has dramatically changed and patterns of the Party-intellectual relation have diversified. Thus, it is argued in this research that by taking into account the emergent market with its ideological effects and as an institutional force that is linked to intellectuals through ties with the new economic elite inside or outside the Party, parameters of intellectuals politics in China can be more accurately understood.

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「中華人民共和國勞動合同法」於2008年1月1日施行，導致企業用人成本提高，於是企業開始採取一些變革策略，這些策略包括1.全盤接受2.廠區內遷3.招聘退休人員4.自動化及工作外包5.遇缺不補或凍結人事6.要求員工辭職7.裁員8.勞動契約到期不續簽9.提前簽定勞動契約10.轉移員工至派遣公司11.歇業12.關廠13.外移14.棄廠潛逃等。本研究依照「接受法令」的程度，將14項變革策略分為『接受法令』、『接受但有措施因應』、『閃躲法令規定』及『不接受規定』等四類，總計收集大陸台商及員工有效樣本168份，並進行這四類在員工心理契約、組織承諾、組織核心競爭力、及組織績效量表上的信效度分析、變異數分析、及事後考驗，希冀可以作為政策發展者及企業決策者之重要參考。 / 本研究結果顯示：1.各量表之信效度頗高，在心理契約、組織核心競爭力、與組織績效方面，『接受法令』組顯著地優於『閃躲法令規定』組。2.在心理契約及組織績效方面，『接受法令』組的分數也顯著地比『接受但有措施因應』組及『不接受規定』組為佳。3.若將『接受法令』、『接受但有措施因應』歸為接受組，『閃躲法令規定』及『不接受規定』歸為拒絕組時，接受與拒絕組在員工心理契約、組織核心競爭力、及組織績效皆有顯著的差異。最後，研究者嘗試提出「變革策略之競爭力模式」。 / 總而言之，本研究結果支持心理契約、組織承諾對組織核心競爭力、及組織績效的影響，且亦支持組織核心競爭力對組織績效的影響。另外，建議後續研究者或可配合人力銀行或中國學術研究單位，再進一步進行縱貫性研究。最後本研究提出後續學術研究與實務應用之建議。 / "Labor Contract Law" in People's Republic of China was implemented on January 1, 2008. Since this Law, the corporate was increased personnel costs and started taking some change strategies. These change strategies including: 1.Entirely accept 2.Moving the factories to inland 3.Recruiting retirees 4.Automation and job-outsourcing 5. Recruiting freeze 6.Asking Staff for resignation 7.Layoff 8.Contratct un-renewed 9.Signing contracts before the Law was implemented 10.Transfering staffs to temporary worker services 11.Shutting down the business 12.Closing factories 13.Relocation 14. Abandoning factories and absconding. According to the degrees of “acceptance of the Law”, this study divided these change strategies into four categories, including “Accept”, “Accept, but taking actions”, “Dodging the Law by taking actions”, and “Un-accept”. / This study collected 168 samples, and used ANOVA and post-tests to know how these strategies can influence on employees’ psychological contract, employees’ organizational commitment, organizational core competitiveness and organizational performance. / According to the results of this study: 1.the reliability and validity of the scales were high, and the scores of “Accept” in employees’ psychological contract, organizational core competitiveness, and organizational performance were significantly higher than the scores of “Dodging the Law by taking actions”; 2.the scores of “Accept” in employees’ psychological contract and organizational performance were significantly higher than the scores of “Accept, but taking actions” and “Un-accept”; 3.when author divided these four categories into accept group and refuse group, there are significant difference between the scores of employees’ psychological contract, organizational core competitiveness, and organizational performance. Finally, “Organization change of competitiveness model” was proposed. / In summary, this study showed that employees’ psychological contract and organizational commitment do have the influence to organizational core competitiveness and organizational performance. It also showed that the organizational core competitiveness can influence the organizational performance. In conclusion, the model of this study and substantial suggestions were proposed for follow-up academic studies and practical applications.

台灣集團企業中到大陸工作的台籍幹部,因就業地點在大陸而需適用大陸基本養老保險制度及勞動合同法下的養老保險金及經濟補償金, 再因台籍幹部的指揮考核權在所謂集團總部的台灣而需適用台灣勞動基準法及勞工退休金條例下的退休金及資遣費,此舉除了加重勞資雙方的負擔外,也直接影響台籍幹部的就業機會.本論文係檢討台籍幹部適用兩岸退休金及資遣費制度而衍生出來的亂象,透過法律層面及實務運作的分析,提出針對台籍幹部職銜,薪酬及勞動契約之合法及合理規劃.