Due to several reasons, such as the competitive environments which entrepreneurs face, new working values, and ideas of outsourcing, companies must have more flexible HRM strategies to maintain the competitive advantages. In order to seek for more flexibility in employment, employee dispatching has become one of the popular ways for companies to use in America, Japan or European countries and so has it in Taiwan. Employee dispatching can help companies to retain professional employees or special techniques, to deal with seasonal demands, to reduce costs and unnecessary managerial responsibilities, so that they can focus more on unclear business. Although employee dispatching brings more flexibility in employment and reduces costs for companies, it still has some complicated issues needed to deal with. The employment relationship is about "joint employer" or "co-employment". This raises complex legal issues especially when related labor laws are not well developed in Taiwan now. Moreover, the quality, loyalty or the performance of dispatched workers is also the problems which companies have to take care of. It is a trend that employee dispatching will be getting more and more popular in Taiwan. Therefore, it is strongly suggested and would be very necessary to do some more advanced studies on the arrangements, the backgrounds of its development, how it is used now, why it is used, what it is going to be in the future, and the compensation of dispatched workers.

This study investigates influence of relative dominance in human resource management (HRM) of dispatched enterprises and user enterprises on dispatched worker¡¦s cognition of employer liability. Hopefully, this study could serve as basis for management in dispatched enterprise and user enterprises.Questionnaires were administered to Taiwanese dispatched workers to study relationships among and influence of individual variables (as control variable), HRM in user enterprises and dispatched enterprises (recruitment, training, compensation and benefits and performance appraisal as independent variable) and employees¡¦ cognition of employer liability (as dependent variable). Results show that relative dominance in HRM of user enterprises and dispatched enterprises dictate employees¡¦ cognition of employer liability. Dispatched workers have higher cognition of employer liability for dispatched firms when dispatched enterprises are of high dominance in HRM. On the other hand, dispatched workers have higher cognition of employer liability for user enterprises when user enterprises are of high dominance in HRM. In addition to relative dominance in HRM, positions that dispatched workers occupy also significantly influence cognition of employer liability: dispatched workers who hold professional jobs have higher cognition of employer liability toward dispatched enterprises.

The determinants of the use of atypical employment and the effectiveness Abstract Atypical employment has been popular all over the world. Although there are plenty of articles about the current situation of the use of atypical employment, we still lack the studies about what determines of the use , how atypical employment influences labor costs, and what determines its future growth. Due to my interests upon the issues above, I made some analysis and got some conclusions: I. The determinants of the use of atypical employment 1. Contingent workers usually don¡¦t do nuclear work 2. Companies usually don¡¦t use atypical employment on professional jobs. 3. Companies usually use atypical employment when workload increases temporarily. 4. Temporary work is usually clerical and industrial. 5. Organizational size has positive effect upon atypical employment. 6. Labor collective contracts have positive effect upon atypical employment. 7. Companies in business-service industry use more atypical employment. 8. Benefit level has positive effect upon atypical employment. II. The determinants of cost saving after using atypical employment 1. The lower level of wage and benefits of contingent workers is the main reason to explain why cost saving happens after using atypical employment. 2. The use of professional temporary work has negative effect on cost saving after using atypical employment. 3. Low-skilled temporary work help firms to save labor costs. 4. Atypical employment causes higher mobility among regular workers and it has negative effect on cost saving. 5. Organizational size has positive effect upon cost saving after companies use atypical employment. 6. It is easier for companies of business-service and manufacturing industry to save labor costs after using atypical employment. III. The determinants of the future growth of atypical employment 1. Atypical employment growth is due to the need to get more employment flexibility and cost control. 2. Professional temporary work will grow significantly in the future. 3. Bad influences of atypical employment have positive effect on its future growth. 4. Collective labor contracts have positive effect on the future growth of atypical employment. 5. Both Taiwanese and foreign companies will increase atypical employment significantly in three years. 6. Organizational size has positive effect on the growth of atypical employment.

「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.

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.