Abstraction
Vol.51, No.2
Atypical Employment
Introduction
Chia-Ho
Lin (Assistant Professor, College of Law, National Chengchi University)
Special Issue Article
1. The
Dilemma and Compromise between Equality and Efficiency in the Context of
Flexicurity: An Analysis of Temporary Agency Work Directive in European Union
Chien-Hung
Lee (Associate Professor, Department of Labor Relations, Chinese Culture
University)
2. A
Study of dispute of the Labor “Outsourcing” of the Public Sector in Taiwan:
Speaking from the Temporary Staff Dismissal Case in National Taiwan Sports
University
Liang-Jung
Lin (Assistant Professor, College of Law, National Chengchi University)
3. Blockage
or Dredge, the Solution Towards the Abnormal Development of Labor Dispatch
Bao-Hua
Dong (Professor, Koguan Law School, Shanghai Jiao Tong University)
4. On
the Characteristics and Deficiencies of Regulations of Part-time Employment in
Mainland China
De-Cheng
Xie (Prof. of School of Economic Law, and Director of the Institute of Social
Law from Northwest University of Politics & Law)
Research Article
5. Methods
for Advocating Gender Justice: Situating Susan Okin’s Contribution
Pin-Fei
Lu (Part-time Assistant Professor, Interdisciplinary Program of Humanities and
Social Sciences & Center for General Education, National Tsing Hua
University)
6. Learning
Solitary Meditation in Life Education: The Metaphorical Perspective of the
Rhino Horn
Pao-Chen
Wang (Ph. D., Department of Education, National Kaohsiung Normal University)
Special Issue Article
The
Dilemma and Compromise between Equality and Efficiency in the Context of
Flexicurity: An Analysis of Temporary Agency Work Directive in European Union
Chien-Hung
Lee (Associate Professor, Department of Labor Relations, Chinese Culture
University)
This paper explore the dilemma and compromise solution between
‘equality’ and ‘efficiency’ in the legislative process of the Temporary Agency
Work Directive according to the idea of flexicurity by European Union. The main
finding is that European Union treated the Temporary Agency Work Directive as
the first labor legislation of flexicurity policy that implied important policy
meaning ,but confronted dilemma between ‘principle of equal treatment’ and
‘labor market developmental differences of Member States’ in the legislative
practical process. European Union adopted a compromise solution was ‘principle
coexist with exceptions’ which empowered Member States to identify the
exceptions for the purpose of the Temporary Agency Work Directive passed,
although this compromise solution may resulted in negative effect on the
implementation of equal treatment principle. The heuristic meanings from
European Union’s equal treatment principle affect Taiwan’s Temporary Agency
Work legislation to solve the exploitation problem of agency workers in the
future.
Keywords:
Flexicurity, Temporary Agency Work, Principle of Equal Treatment
A Study of dispute of the Labor “Outsourcing” of the
Public Sector in Taiwan: Speaking from the Temporary Staff Dismissal Case in
National Taiwan Sports University
Liang-Jung
Lin (Assistant Professor, College of Law, National Chengchi University)
Recently, the cases of outsourcing have been pervasively practiced
due to the establishment of “Policies of Private Outsourcing” by the
government. Numerous conflicts rose because the original job holders have lost
their job and received unfair treatment. In reality, the result of outsourcing
is a hiring model that produces a high volume of labor dispatches. The original
employer, the government, becomes an agency for job distribution. The original
employees have become dispatched workers. From the labors’ perspective, their
job responsibilities remain the same; however, their employment status,
salaries, benefits, and labor rights are under a new set of different standard.
In this article, the rights of those employees who obtain an outsourcing
governmental job and are under the protection of labor laws are discussed,
especially when they face job termination. In addition, the judicial rulings
concerning the aforementioned case is discussed as well. The case cited in this
study is: National University of Physical Education v. Its Janitor S. Ct. 553
(2010). The researcher will analyze the rationales of rulings and compare the
results of similar type of cases relating to outsourcing conflict.
Keywords:
Continuous labor contract, outsourcing, job termination, changing of job nature
Blockage or Dredge, the Solution Towards the Abnormal
Development of Labor Dispatch
Bao-Hua
Dong (Professor, Koguan Law School, Shanghai Jiao Tong University)
The abnormal development of labor dispatch in china has resulted in
the discrimination in employment, which triggered the dispute about the
existent and abolishment of labor dispatch. One of the mainstream views is that
the government should abolish the labor dispatch in an indirect way, such as
amending the articles of 'three attributes' and 'equal pay for equal work' in
the Labor Contract Law, expanding the scope of administrative power. This idea
was the basic idea in 2008, when the Labor Contract Law came into force.
However, this idea exactly led to the abnormal development of labor dispatch.
As both legislator and law-executor, the departments related hold a
contradictory view. On the one hand, they admit the fact of the abnormal
development of labor dispatch. On the other hand, they hope to solve this
problem by blockage. In fact, the root cause of the abnormal development of
labor dispatch is the rigid employment mechanism established by the Labor Contract
Law. The government hopes to protect the legal rights of labors by some
non-fundamental measures, on the basis of ignoring the market signals. On the
contrary, it will promote the development of disguised employment relationship.
Only addressing both the symptoms and root causes, can we eliminate the
discrimination and put the labor dispatch back on track. Accordingly the
employment relations will develop harmoniously.
Keywords:
labor dispatch, legal provisions of the three attributes of labor dispatch,
address both the symptoms and root causes
On the Characteristics and Deficiencies of Regulations
of Part-time Employment in Mainland China
De-Cheng
Xie (Prof. of School of Economic Law, and Director of the Institute of Social
Law from Northwest University of Politics & Law)
The present characteristics of the regulations of part-time
employees in mainland China are reflected in such phenomena as the
non-systematization in the protection of employees’ rights, the loosening of
regulations, and the intention of irresponsible direct hire of employees and so
on. The main aim of the legislation is not to achieve the systematization in
the protection of the rights, but to increase the flexibility of the job and
expand the amount of employment. Direct hiring ignores the efficiency of the
internal labor market Due to the problems in the relevant legislation, both the
full-time and part-time employees’ rights and interests are severely distorted.
For instance, the singular and rigid standard of working time virtually cannot
be applied to the flexible time schedule of part-time work; the non-obligatory
guarantee of social security for the part-time employees is against the
constitution of equal treatment; the arbitrary termination of the labor
contract defies the protection of the employees; no unified standardization can
be applied to the overtime work and paid leave. In this paper, the author
suggests that the foundation of legislation on part-time employment be based on
the characteristics of temporariness, short-term, and seasonality in order to
prevent from the abuse of part-time employees. Furthermore, a well-rounded
system of overtime payment and paid leave for the part-time employees should be
built according to the proportionality principle. Finally the author also puts
forward that certain rules and regulations should be established to govern and
prevent the avoidance of the employers’ responsibilities.
Keywords:
part-time employment, loosening of regulations, arbitrary termination,
proportionality principle
Research Article
Methods for Advocating Gender Justice: Situating Susan
Okin’s Contribution
Pin-Fei
Lu (Part-time Assistant Professor, Interdisciplinary Program of Humanities and
Social Sciences & Center for General Education, National Tsing Hua
University)
This article devotes itself to critically introduce Susan Moller
Okin’s account of gender justice. It first demonstrates the vintage point Okin
exemplified in thinking about gender, that is, gender is focused through the
lens of justice. Okin’s account provides a basis for theorizing in respond to
the question ‘how gender can be just.’ Okin’s arguments demand gender justice,
which would awaken us avoid wrongs from gender practices and enhance fair
treatments among citizens. Second, it concludes that in order to answer the
question ‘how gender can be just’, the ontological account of gender in Okin’s
gender justice, eliminativism, remains one as valid as the others,
constructivism and naturalism. Members in a just society, when free and equal,
are not necessarily genderless, as Okin suggested.
Keywords:
Feminism, Susan Moller Okin, Gender Justice, Humanist Liberalism, Ontological
Accounts of Gender
Learning Solitary Meditation in Life Education: The
Metaphorical Perspective of the Rhino Horn
Pao-Chen
Wang (Ph. D., Department of Education, National Kaohsiung Normal University)
Based on the sociological principle of cultural reproduction by
Pierre Bourdieu and the concept of hermeneutics in religious language by Paul Ricoeur,
the spirit of Buddhist thinkers in their interpretations of Buddhist texts is
being reviewed. A comparison study is made to reconsider the attitude and
lifestyle associated with the analogy of the rhino horn, which is utilized by
meditators to eradicate worries as described in the Buddhist texts.
It is found that solitary meditators are not hermits but social
practitioners, who have great insights into worldly phenomena and provide
solutions. In addition, today advocates for life education should consider it
as necessary to have experienced ones to selflessly help with analysis and
discussion and to assist in practicing transforming a “wild monkey” into a
“rhino horn” (eradicating sufferings and obtaining joy) in the process of
learning solitary meditation.
Keywords:
solitary meditation, rhino horn, cultural reproduction
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