Abstract
According to International Labour Organization (ILO) Convention No.100 ¡§ Equal Remuneration Convention ¡¨ (1951),and No.135 ¡§ Workers¡¦Representatives Convention ¡¨ (1971). Both Cleraly regular labors don¡¦t be discriminated against employment, and their work remuneration also don¡¦t be exploited. Nowadays, in the era of global economic depression, more and more enterprise and government in order to reduce the human cost, numerously use ¡§ Dispatched Worker ¡¨ form, debase oneself cost to minimum. However, this form also violate the right of labor largely. Therefore, how to regular the legal system which protects the work right of dispatched worker as well as maintains the order of labour market, is the very important issue.
The legal system of dispatched worker over Taiwan-strait is examined herein by the basic methods of administrative law, namely, the five major frameworks, including administrative principles, administrative organization, limitation of administrative power, administrative relief, and administrative supervision from every respect and viewpoint. Meanwhile, bibliography exploration, historical narration, comparative analysis, and generalization analysis are adopted as the principal research approaches to explore whether there¡¦s any improvement required regarding ¡§Legal System of Dispatched Worker over Taiwan-strait¡¨ on the basis of five major frameworks of administrative law. Additionally, practical implementation and suggestions for regulations and actions concerning future the legal system of dispatched worker over Taiwan-strait, are hereby provided to achieve the goal of protecting the work right of dispatched worker and maintaining labour market orders as well.
With the exploration by means of five major frameworks of administrative law, the legal system of dispatched worker in China district have already ensured. But nowadays in Taiwan district haven¡¦t regulared yet, it still have more unsuitable institution, uncompleted order, equivocal concept and equivocation. From the basic of legal system, the conflicts and influences of every interest groups are also the main reason, which causes no consensus to the legal system of dispatched worker in Taiwan district. In this situation, will cause the dispatched worker continually face ¡§ Equal Work Unequal Remuneration ¡¨, ¡§ Labour Exploited ¡¨, ¡§ Employment Discriminated ¡¨. The relevant administration bodies should positively survey the problem of five major frameworks of administrative law of the legal system of dispatched worker in Taiwan district, as well as further to review and perform modification. This is exactly the method of radical reformation and solution.
| Identifer | oai:union.ndltd.org:NSYSU/oai:NSYSU:etd-0824109-141709 |
| Date | 24 August 2009 |
| Creators | Chen, Cheng-Tao |
| Contributors | Yang-Cing Yan, Syue-Liang Deng, Cyuan-Cheng Wu |
| 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-0824109-141709 |
| Rights | restricted, Copyright information available at source archive |
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