萬國法律事務所

Pursuant to the draft of the Dispatched Workers Protection Law proposed by the Council of Labor Affairs (CLA), if a dispatched worker works for an employer company for one year and then continues working for such employer company, he/she may apply in writing to have his/her dispatched worker status adjusted to that of a regular employee. If the employer company does not reject in writing within 10 days, an employment contract will be deemed to have been concluded automatically. The CLA expects to complete the draft soon and to submit the same to the Legislative Yuan for consideration.

However, some have pointed out that the employer company may ask the employment agency to change the dispatched workers prior to the end of the first year in order to evade the purpose of the law. Such critics of the draft believe that even if dispatched workers are able to apply for adjustment of their statuses, employer companies will likely issue written rejections to such applications.