從法制面論我國外國人勞動者之政策與影響

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Title:	從法制面論我國外國人勞動者之政策與影響 The Policy and Impact of Taiwan Legal Perspective regarding Foreign Workers
Authors:	周雅文 Chou, Ya-Wen
Contributors:	法律學系
Keywords:	法制面外國人勞動者影響政策法律規範 Legal Perspective Foreign Worker Impact Policy Law and Regulation
Date:	2014-12-29
Issue Date:	2015-02-04 13:44:50 (UTC+8)
Abstract:	我國正式開放引進外國人勞動者至今已逾二十五年，由於引進外國人勞動者對我國造成之影響甚鉅，是以於我國政府決定引進外國人勞動者前，我國是否有必要引進外國人勞動者一直是個爭議問題，即使在政府正式開放引進外國人勞動者後，此問題依舊備受矚目。我國當初引進外國人勞動者時，臺灣經濟起飛，國民所得及教育水準提高，勞動市場逐漸產生變化，年輕人之就業觀念亦不同於老一輩，對於出勞力之工作漸漸找不到人願意做，惟時至今日，我國經濟情勢已與二十五年前大不相同，是否仍有引進外國人勞動者之必要？自我國開放引進外國人勞動者以來，引進外國人勞動者對我國產生之利弊得失為何？是否有不引進外國人勞動者亦能促進我國經濟發展之方法？現行之外國人勞動者政策及相關的法律規範是否有仍須修正之處？基於以上之問題，引起本文研究之動機。本文共分為六個章節，第一章為緒論；第二章對於我國使用外國人勞動者此一定義先為說明，並介紹外國人勞動者之種類，以及我國引進外國人勞動者之背景；第三章本文根據蒐集之資料就引進外國人勞動者對我國經濟、社會及政治層面之影響為探究；第四章本文研究我國外國人勞動者政策及相關法律規範，並檢討我國現行法規範之缺失；第五章介紹日本外國人勞動者政策及法律規範，並對日本非法外國人勞動者之問題以及其現行之政策及法律規範進行探討與分析，以作為我國修正現行政策及法令之參考對象；第六章為本文之結論，同時亦對於我國外國人勞動者政策及法律規範提出修正建議，希冀能改變我國目前所遇到之困境，使我國未來外國人勞動者政策及法律規範更趨於完善。 It has been more than 25 years since Taiwan has officially opened to import foreign workers. As the importation of foreign workers will cause a huge impact to Taiwan, it has always been a controversial issue whether or not it is necessary for the country to import foreign workers even before the government has decided to do so. This issue is still being watched closely even after the government has officially opened to import foreign workers. When Taiwan started to import foreign workers, the country’s economic was taking off then, being accompanied with better national income, higher educational level, and a change in the labor market that generated a different employment concept for the youngsters as compared to the older generation, resulting in increasingly difficulty to find workers willing to work in laborious jobs. But now, the country’s economic conditions have been very different as compared to those 25 years ago. So, is it still necessary to import foreign workers? Ever since Taiwan has openly started to import foreign workers, what are the pros and cons of foreign workers in the country? Is there a solution to enhance the development of the country’s economy without having to import foreign workers? Are there any relevant laws and regulations on the prevailing foreign worker policy that need to be amended? Such above issues were the motivations that prompted me to conduct this study. This paper is divided into six chapters. Chapter 1 is an introduction; Chapter 2 is an initial definition on the employment of foreign workers, an introduction on types of foreign workers and the background of Taiwan importing foreign workers; Chapter 3 is a study on the impact of foreign workers on the country’s economic, social and political perspectives based on information collected; Chapter 4 is a study on the country’s foreign worker policy and relevant legal norms; Chapter 5 is an introduction of foreign worker policy and legal norms in Japan, and an analysis on the current policy and legal norms of its illegal foreign worker issue to serve as a reference for Taiwan to amend its existing policies and regulations; and Chapter 6 is a conclusion of the paper as well as amendment proposals on our country’s foreign worker policy and legal norms, hoping to change the current difficulties it encountered and allowing the future foreign worker policy and legal norms to work more perfectly.
Appears in Collections:	[Department of Law & Graduate Institute of Law ] thesis

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