This paper refers to Chen and Zhang (2006), placing the¡§interpersonal relationship¡¨ into the decision-making function of user enterprise and dispatched workers. Simultaneously, we revise the dispatched workers¡¦ restrictions and eliminate the shortcomings which contrary to the facts, in order to let the setting of the model much more reasonable. Furthermore, we provide an equilibrium analysis of a decision-making model from the aspects of supply and demand, and completely analyze the dispatched work which is rapidly expansive.

In recent years, more and more companies and enterprises started using dispatched worker. This new trend of ¡§hiring, not employing¡¨ brought profound impact and challenges to the existing structure of labor-employer relations, as well as human resource management. Even in the government department. The main purpose of this study was to investigate the relationships between job satisfaction and job performance for government dispatched workers, taking Department of Transmission Line and Substation Projects¡]DTSP¡^ as an example. There were 145 effectual samples in this study. Questionnaire survey was the main research method of this study. The research instrument included job satisfaction scale and job performance scale. The data were analyzed through Frequency Distribution, T-test, one-way ANOVA and Person Correlation Analysis. After this study analysis, the conclusion is made as follows: 1. The degree of DTSP dispatched workers¡¦ job satisfaction (average score is 3.42, standard deviation (SD) is 0.52) is not so high as expected. The degree of DTSP dispatched workers¡¦ job performance (average score is 3.71, standard deviation (SD) is 0.53) is belonged to normal level. 2. The dispatched workers¡¦ job satisfaction and job performance are related significantly and positively. 3. For dispatched workers¡¦ personal background, there are two variables which have influence to the job satisfaction, belonged department and belonged region . 4. For dispatched workers¡¦ personal background, there are two variables which have influence to the job perfomance, belonged department and belonged region

鑒於鄰國日本因登錄型勞動派遣運用氾濫，形成「窮忙族」（working poor）等各種社會問題，本研究主要係針對我國勞動派遣實務進行探討，並以登錄型勞動派遣作為主要研究重點，採文獻分析與深度訪談法進行研究。 本研究針對派遣勞工、一般勞工、要派業者、派遣業者、政府與工會代表進行訪談及資料分析後，獲致下列結論： 一、我國實務上勞動派遣運用普遍採登錄型方式，已造成「就業不穩定」、「中間剝削」、「同工不同酬」等就業安全問題。 二、我國勞動法令因缺乏勞動派遣之定義與規範，係造成實務上登錄型勞動派遣之普遍濫用以及「轉掛」及「偽裝承攬」等違法情事的主要原因。 三、我國公部門因勞動與人事政策法令的長期脫鉤，致各政府機關帶頭使用登錄型勞動派遣，並以政府採購法之「勞務採購」名義恣意獲取廉價勞動力，儼然已成為勞動力濫用元兇，更讓企業肆無忌憚地跟進運用。 / Seeing that Japan is suffering from various social issues like “working poor” caused by the misuse of registration-type dispatched work, this study is aimed at discussing the practice of dispatched work in Taiwan, particularly the registration-type. Moreover, this study adopts literature review and in-depth interview as the study methods. After conducting interviews with dispatched labors, general labors, client companies, recruitment companies, government, and union representatives and analyzing the data, the study concludes its study results as follows: I. Registration-type dispatched work is generally in practice in Taiwan and it has caused issues like unstable employment, agency exploit, and pay disparity for the same job. II. The regulations of Labor in Taiwan do not have specific definitions and norms of dispatched work, causing registration-type dispatched work to be misused and illegal situations like false recruitment may occur. III. Since the public sector has isolated itself from being exposed to the regulations of labor and the policies of personnel recruitment for a long time, many local government departments employ cheap labors of registration-type dispatched work in the name of services procurement. In other words, the public sector has set a false model for corporations to follow.

本研究在瞭解勞動派遣之定義、特徵、型態與相關概念，並進行國內外研究之回顧，找出勞動派遣制度對於勞動市場正面與負面之影響後，再分別就資方觀點、勞方觀點、社會觀點與採用業別之差異進行探討，而決定訪談之公司業別，並擬定訪談題目進行深度訪談，以評估勞動派遣制度對台灣勞動市場雙元化發展之影響。 　　經過深入訪談後發現，高科技產業為降低公司之人事成本，而採用勞動派遣制度，確實會加速勞動市場雙元化之發展，就本研究訪談結果看來，較具規模之高科技產業採用勞動派遣時，為降低公司之勞工結構受到雙元化發展之影響，將限制派遣勞工之採用比例，並提供派遣勞工與正職員工相近之起薪、薪資調幅與福利措施，以及提供派遣勞工轉入正職之管道。如此雖可有效縮小雙元勞動市場中勞動者的差異，但整體薪酬派遣者較低、且勞動市場轉換率較高，以及受勞動法令保障較少等，這些現象仍會存在雙元勞動市場之次級勞動市場中。 　　整體而言，勞動派遣能提供勞動市場更多就業機會、提供派遣勞工累積工作經驗之機會，亦是派遣者進入大型企業轉為正職人員的橋樑，因此使得勞動派遣制度在勞動市場雙元化的發展過程中，有正面的影響。 　　本研究建議派遣勞工應選擇較注重企業形象之企業，企業應提供派遣勞工較完善之就業保障，並期望相關政府單位能夠儘速制定相關法令及配套措施，並明定勞動派遣中，要派企業、派遣機構、派遣人員各角色之責任劃分，與各種行業別較適當之派遣勞工雇用比例，並提供派遣勞工相關之職場認知教育，以降低勞動派遣對於台灣雙元化勞動市場發展之負面影響。 / This study aims to explore the definition, features, patterns and relevant concepts regarding dispatched work and review research conducted in Taiwan and overseas on this subject. After identifying the impact of the dispatched work system on the labor market, the differences between different industries employing dispatched labor are investigated to decide companies belonging to which industries are to be interviewed. An in-depth interview is then conducted on the companies selected to evaluate the impact the dispatched work system has on the development of a dual labor market in Taiwan. 　　The interviews reveal that, high-tech industries adopting the system in order to reduce labor costs do encourage the development of a dual labor market. Results of the interviews indicate that sizable high-tech industries employing dispatched labor limit the extent to which it is employed in an effort to reduce the impact dual labor market development has on the companies’ labor structures. In addition, dispatched workers are offered starting wages, wage increases and benefits similar to those offered to regular employees, as well as the opportunity to become regular employees. Through doing so, the differences between dispatched workers and regular employees in a dual labor market may be effectively narrowed, overall, dispatched workers are less compensated and demonstrate a higher turnover. Moreover, they are less protected by labor laws and regulations. These phenomena still exist in the secondary market of a dual labor market. 　　Generally speaking, the dispatched work system provides more employment opportunities on the labor market. It also provides dispatched workers the opportunity to accumulate work experience and serves as a steppingstone to regular employment in large businesses. For this reason, the system plays a positive role in the development process of a dual labor market. 　　The study recommends dispatch workers to choose businesses that pay more attention to their image and that businesses provide these workers with improved employment protection. It also hopes that the government can enact relevant laws and regulations and introduce supporting measures as soon as possible. Furthermore, the roles businesses, dispatched workers and the agencies that dispatch them play must be clearly defined and the ratios of dispatched workers to regular employees in different industries established, with education in having a better understanding of the workplace provided to dispatched labor in an attempt to reduce the negative impact dispatched work has on Taiwan’s dual labor market and the development of its labor market.

「勞動派遣」在國外早已訂定相關之立法規範，日本於一九八五年制定勞動派遣法，德國、美國對勞動派遣亦制定特別的法律與相關規範，在丹麥所有關勞動派遣的禁止規定也於一九九○年廢止，由這些先進國家的例子，可知制定勞動派遣法為世界立法潮流所趨。勞動派遣與傳統僱用之契約關係，最大不同之處在於勞動派遣關係下之派遣勞工，受僱於派遣機構，雙方成立勞動契約(employment contract)關係，但派遣勞工卻在該勞動契約當事人以外之第三人要派機構處提供勞務，接受該第三人之指揮監督與管理，形成「僱用」與「使用」分離之現象。由於勞動派遣型態為勞動市場既存狀態，雖在現行法制上有一定規範，惟此種三角關係的勞動型，態涉及「要派機構」、「派遣機構」及「派遣勞工」三方當事人的互動，在現行勞動法規皆以傳統勞動關係為主要規範標的下，無法完整規範勞動派遣所衍生的問題，而造成許多勞資之間的糾紛。 我國經濟部商業司於一九九九年十月通過核准企業可登記其營業內容為「人力派遣業」，但是，國內目前卻仍未對勞動派遣制定相關法令。相較於國際勞工組織已針對勞動派遣制定相關公約及建議書，德國、日本等先進國家以制定專法之方式來規範「勞動派遣」，我國目前卻對此問題尚無任何明確的法律規範，為保障派遣勞工之就業權益，給予勞資雙方明確之依循方向，落實就業安全之理念與作法，建立符合我國國情需要之勞動派遣法制，為刻不容緩之目標。因此本研究藉由參考比較美國、德國、日本等國之勞動派遣相關規範及法制，以了解各國實施勞動派遣之狀況，並分析各國勞動派遣法制之優缺點，及可能產生之問題進行分析，藉此提供我國未來於制定勞動派遣法時之參考方向。最後，針對我國目前勞動派遣草案進行分析，並提出相關立法建議，以期建構符合我國國情之勞動派遣法制，創造勞資雙贏之局面。 / The standards about legalization of dispatched employment had been enacted in the foreign countries. Legislation of dispatched employment had been enacted in Japan in 1985; besides Germany and America also made special laws and regulations about dispatched employment. All about the forbidden regulations also had been abolished in Denmark. From those examples of developed countries above, we can understand that the legalization about dispatched employment is forced by the world trend. The difference between dispatched employment and typical employment is that the dispatched employees are employed by the dispatched work agency but they provide service to the user enterprise. Because the triangular arrangement of dispatched employment concerns the interaction among user enterprise, dispatched work agency and dispatched workers, so there are many disputations between employees and employers. Although the Department of Commerce of MOEA in Taiwan permitted the enterprise to register their operations as “Employee dispatching industry” in October 1999, there were still no relevant laws about dispatched employment. The International Labor Organization had made the conventions and recommendations about dispatched employment; moreover Germany and Japan also made the relevant laws. In order to protect the rights of dispatched labors, the law-making which correspond with our national conditions is of great urgency. By comparing of the legalization about dispatched employment of America, Germany and Japan, we want to know the practical conditions and analyze the advantages and disadvantages of those countries above. By doing so, we can provide our country with the referential aspects in making the law about the dispatched employment in the future. Finally, in order to establish the legalization about dispatched employment corresponded with our society and to create a win-win situation of employee and employer, we analyze the existent Dispatched Employment Bill in Taiwan and bring forward certain relative lawmaking proposals.