In the mid 1980s, national enterprises started to hire illegal foreign workers without the official introduction in Taiwan. Following with the soaring national economic growth, wage and income and the popular trend in stock, lottery and gambling games in 1985, workers were less willing to work. Industries, such as the 3K or 3D industry (dirty, dangerous and difficult), were less favored. In addition with the delaying participation of youth in job market due to the rising educational level, the supply for grassroots workers faced decreasing. Meanwhile, the national birth controlling policy also led to low birth rate, slow population growth and aging population, which triggered a serious labor shortage in Taiwan and enterprises also started calling for solving the labor shortage problem by introducing foreign workers.
When Taiwanese government had first initiated the 14 major infrastructures project, the deadline of the project was kept postponing due to labor shortage. Therefore, the government set up a ¡§mechanism of workers demanding for14 major infrastructures project¡¨ by executive order, allowing entities to introduce foreign workers for the project. 3 years had gone, a ¡§mechanism for temporary labor shortage¡¨ was enforced. This mechanism allowed domestic industries to introduce foreign workers officially, announcing it can be applied to 15 jobs in 6 major industries. Through legislative procedure, the Employment Service Act had been passed on 3rd reading in 1992. Thus, a formal source of law can be found for introducing foreign workers.
A riot started by Thai workers at Kaohsiung MRT in August 2005 not only revealed problems, such as foreign workers management and human rights, but also affected Taiwan¡¦s international reputation by large. Some foreign workers have received maltreatments, such as forced labor or involuntary labor. Moreover, the amount of foreign workers who are unaccounted for has kept increasing, too. In 2012, more than 30 thousand are missing. For researching the core problem, based on the 5 major frameworks of administration law, including the administrative principles, administrative organization, administrative authority, administrative remedy and administrative supervision, this study aims at examining the legal system of missing foreign workers prevention for national police to redress the deficiency of the legal system with researching by reference, historical analysis, comparative analysis and induction analysis. By comparing current management manners in Hong Kong, Singapore, Austria and Switzerland, I wish some valuable lessons can be learnt with more significant and concrete suggestions for related regulations to the missing foreign workers prevention and to protect human rights.
| Identifer | oai:union.ndltd.org:NSYSU/oai:NSYSU:etd-0808112-133058 |
| Date | 08 August 2012 |
| Creators | Tsai, Tien-Fang |
| Contributors | Yen-ching Weng, Shuai-liang Deng, Po-lo Yu |
| Publisher | NSYSU |
| Source Sets | NSYSU Electronic Thesis and Dissertation Archive |
| Language | Cholon |
| Detected Language | English |
| Type | text |
| Format | application/pdf |
| Source | http://etd.lib.nsysu.edu.tw/ETD-db/ETD-search/view_etd?URN=etd-0808112-133058 |
| Rights | user_define, Copyright information available at source archive |
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