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7 NTU L. Rev. 1 (2012)

handle is hein.journals/ntulr7 and id is 1 raw text is: Article The Relation Between the Services Procurement and the Labor Legal System Shuai-Liang Deng ABSTRACT As a rule, government sectors obtain workers by way of services procurement. However, this practice de facto violated the Article 5 & 6 of the Labor Standards Act. Procurement refers to the dispatching of labor The Labor Standards Act has been implemented in other foreign legal systems, but Taiwan has not enacted the Labor Dispatching Act. Moreover it is a violation of the law to bypass the Labor Standards Act. A dispatched worker frequently provides service for several years in Taiwan; contrariwise, hiring a dispatched worker for such a long time is forbidden in other foreign legal systems. These problems were initially caused by the incorrect provisions in the Government Procurement Act. Secondly, these problems were caused by the chronic use of day workers. Therefore, our country should posthaste examine whether Taiwan has a faultless legal system that our public servants deserve. Keywords: Government Procurement Act, Services Procurement, Labor Legal System, Fixed-term Contract, Labor Dispatching * Associate Professor, Institute of China and Asia-Pacific Studies, National San Yat-sen University. E-mail: fclmanamslO.hinet.net.

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