Labor Amendments Ban Workers from Perm to Temp via Subsidiaries|企業錄取員工 轉掛派遣將罰45萬元


Chunghua Telecom is among the many companies in Taiwan which takes advantage of dispatch workers who are officially employed by another company. The Legislative Yuan passed the third reading of an amendment to the Labor Standards Act, which forbids companies to employ workers and dispatching them to other companies. Those found in violation will be subject to fines of up to NT$450,000.


The workers are wearing uniforms of Chunghua Telecom, but they are officially employed by Honghua International. Private companies and government departments have been found to have large number of dispatch employees work in different positions. In Chunghua Telecom, about 6,000 dispatch workers occupy positions in customer service and in trouble shooting. These workers are all dispatched from Honghua International, one of Chunghua Telecom's subsidiaries.

The 6,000 some dispatch workers work in three different sectors (of Chuanghua Telecom): in local stores, in customer services answering 0800 phone calls, and in the department that trouble shoots phone connections.

Hou Sheng-tai is among the earliest dispatch workers in Chunghua Telecom. In 2012, 380 dispatch workers like him took part in the exam held by Chunghua Yellow Page, one of Chunghua Telecom's subsidiaries. They became official employees of Chuang Telecom but in 2013, they were transferred to Honghwa Human Resource, another subsidiary. Despite still working for Chuanghua Telecom, they do not have access to the same wage and compensation as formal employees. In order to ban companies from hiring employees and moving them to subsidiaries, the Legislative Yuan passed the third reading of an amendment to the Labor Standards Act on May 24. The new articles state that companies are not to engage in such act and those found in violation will be fined of up to NT$450,000.

If a company hires their own employees through one of their subsidiaries, they can be subject to fines of up to NT$450,000.

The revised articles also mandate that both the employers and the workers' place of work must take responsibility to any workplace injuries suffered by the employees. However, the Dispatched Workers Union said that the amendment won't totally curb the employment of workers through subsidiaries. They said the government must mandate all companies to directly employ their workers, and that the central government must amend the Act Governing the Total Number of Personnel Headcounts of Central Government Agencies, or similar hiring procedures could occur in the future.



身上穿著中華電信的制服,雇主卻是「宏華國際」,台灣近年不論是公部門或企業,都大量使用派遣,像是中華電信約有6000名門市客服、纜線人員,其實都是子公司宏華國際派遣來的。

宏華國際員工 侯聖泰表示:「這6000位就是分三大部分,一個是門市的,然後還有客服的,0800那種,還有我們到家裡修理電話 這些客網的。」

侯聖泰就是中華電信早年轉掛的派遣員工之一,民國101年包含他有三百八十多位員工,透過子公司「中華國際黃頁」招考進中華電信,但102年被移轉到子公司「宏華人力」,雖然還是受中華電信的指揮命令,但沒辦法和正職員工,享有相同福利待遇。為禁止企業將面試通過的勞工,轉掛於派遣事業單位,24號立院三讀、修正通過勞基法部分條文,明確要求不得有轉掛的行為,違者最高可處45萬元罰鍰。

勞動部次長 劉士豪表示:「如果你自己應該有你僱用的,而你卻由派遣公司來僱用,那麼這個時候會受到處罰,最高可以罰到45萬。」

修法也要求要派單位和派遣事業單位,都應該對發生職災的勞工負起賠償責任。不過,臺灣勞動派遣產業工會指出,這次的修法還是無法讓派遣歸零,政府應該要求事業單位「直接聘僱」,中央也應修改「總員額法」,否則公部門帶頭使用派遣的問題,仍舊存在。

九合一選戰解析

相關新聞