在全球化經濟下,企業為了維持競爭優勢,提升生產效率,組合運用不同型態的雇用模式,降低勞動成本,派遣雇用是台灣產業界近年來被運用因應勞動市場彈性化需求的常見模式,派遣勞工與要派公司的正職勞工之間的待遇和勞動條件通常易有差異,本研究透過個案企業內派遣勞工與其正職雇用員工之勞動條件之比較,探討不同身分勞動者是否受到平等對待的保障。探討其成因並探索實現平等對待原則之可能性。
本研究以國際公約、國際勞工組織公約與歐盟2008年《勞動派遣指令》等文獻為參考基礎,並透過與派遣勞工、要派公司正職人員、派遣公司人資人員訪談試圖勾勒出派遣勞工與要派公司正職人員的平等對待狀況。經訪談發現派遣勞工與要派公司正職勞工的確存在雇用安定、資遣費、年資累計、工資年終、三節禮金、員工旅遊、食宿津貼等的差距,要派公司對於派遣勞工與正職員工之對待存在不平等的狀況。
落實派遣勞工之平等對待原則對於人權、派遣勞工個人與家庭、要派公司、派遣公司等皆有助益,本研究並嘗試提供未來研究與政策方向可努力方向。
To maintain competitive advantages and increase production efficiency in the global economy, companies have adopted and combined different recruitment models to reduce labor costs. Labor dispatch is one of the most commonly adopted recruitment models for promoting labor market flexibility in Taiwanese industries. The compensation packages and working conditions that client companies offer generally differ for dispatched and permanent workers. Therefore, this study examined whether different types of workers at the same company or factory received equal treatment, in addition to discussing the causes of unequal treatment and the possibility of implementing the principle of equal treatment.
Underpinned by international conventions, conventions proposed by the International Labor Organization, and the Temporary Agency Work Directive established by the European Union in 2008, this study interviewed dispatched and permanent workers at client companies and human resources specialists at dispatch companies in a case of Taiwan’s manufacturing industry. The aim was to evaluate the discrepancy between the wages and employee benefits offered by client companies to dispatched and permanent workers. The interview results revealed differences between these workers in terms of their employment stabilization program, severance packages, time of service calculation, year-end bonuses, festival bonuses, company trips, and benefit allowance.
Implementing the principle of equal treatment for dispatched workers constitutes a positive contribution to human right fulfilment for individual dispatched workers and their families, client companies, and dispatch companies. This study might serve as a reference for future research and policy orientation.