近年來資訊科技快速發展，全球化競爭日益激烈，產業結構亦隨之產生劇烈變革，就業型態已由傳統僱傭關係逐漸演變為較具彈性化及多元化特色之「非典型」人力資源運用模式。為了簡化人員招募作業程序以符合現代職場快速、便利之用人需求，同時節省人事費用相關支出，「勞動派遣」此一制度遂因應而生，並開始受到我國公私部門廣為採用。
勞動派遣主要特徵係由派遣事業單位、要派單位及派遣勞工所建構而成之「三方關係」，具有「僱用分離」性質。由於我國目前尚未制定勞動派遣專法，且現行勞動基準法等相關勞動法令僅適用於傳統「僱用合一」勞動關係，無法有效規範，導致勞動派遣在實務運作上經常衍生諸多問題及爭議，派遣勞工勞動權益遭受侵害或不當剝削情事亦時有所聞。
近年來我國政府致力推行機關整併及人事精簡等組織改造政策，導致行政機關人力編制持續縮減。隨著人民權益意識高漲及公共事務日益繁瑣，公部門人力短缺不足應付龐大業務壓力已形成一種常態，因此較具用人彈性之「契約性人力」遂成為公部門補足人力缺口之主要進用途徑，而其中又以勞動派遣為最。
本研究係藉由探討勞動派遣之發展緣由、制度規範及實務運作現況，以釐清勞動派遣在我國公私部門運用情形及所遇問題障礙，並針對勞動派遣常見爭議予以論述。最後，透過檢視2014年2月勞委會送行政院審查版「派遣勞工保護法草案」條文規範內容予以論述評析，據以提出我國未來勞動派遣立法方向之具體意見及改善建議，望能達拋磚引玉之效，期許作為未來勞動派遣法制化及研擬相關政策時之參考依據。
In recent years, with the rapid development of information technology, globalized competition has presented an increasingly fierce tendency which is followed by dramatic changes of industrial structures. The employment pattern has transformed from traditional employment relationship into the “non-classical” human resource application mode with better flexibility and multiple characteristics. In order to simplify personnel recruitment operational processes to accord with the talent demands in modern society characterized by rapidity and convenience and save the personnel expenses and other related expenditures, the “Labor Dispatch” is therefore coming into being and widely adopted by domestic public and private sectors.
Labor dispatch is mainly characterized by the “Third-party Relationship” constructed by dispatching institution, dispatched institution as well as labor institution featured by “Employment Separation”. Since the labor dispatching-related laws have not been established and the applicable Labor Standard Acts and other related labor decrees can only be applicable to traditional “Employment”-typed labor relations and cannot be regulated in an effective manner which has resulted in a range of derivative problems and controversies of labor dispatching in a practical sense. There are reports of violations of labor rights or improper exploitation of labor rights as well.
In recent years, domestic governments have been engaging in promoting organizational consolidation and personnel simplification as well as other organizational re-construction policies which has caused constant decreasing of human resources in administrative authorities. As the rising of people’s consciousness of rights and interests and the increasing cumbersomeness of public affairs, it becomes common to see the human resources deficiency to manage huge business pressures in public sectors; as a result, to be equipped with “contractual human resources” with flexible availability has become the main approach to fill human resources gaps in public sectors, and among the approaches, labor dispatching is prevailing over the rests.
This research focuses on probing into the application, problems and barriers confronted of labor dispatching in domestic public and private sectors by discussing over the development reasons, institutional norms as well as practical operations of labor dispatching and probing into the common controversies of it. Last but not least, it also puts forward the concrete recommendations and improvement suggestions for future legislation in terms of labor dispatching by referring to and analyzing the provisions and regulations of Draft Labor Dispatching Protection Law submitted by Council of Labor Affairs to Executive Yuan for review in February 2014, expecting that it can attract and produce more feasible ideas and serve as references for future legalization of labor dispatching and mapping out of related policies.
