萬國法律事務所

Atypical employment is becoming increasingly common in Taiwan. “Dispatching” refers to the act of a worker being hired by the dispatch company and then sent to work at the host company, which host company is the actual employer. The Labor Standards Act already applies to dispatched workers, however, in practice, when their labor rights are undermined, the dispatch company often closes down or refuses to take responsibility, and the host company is not obligated to be responsible for the workers’ rights.
 
Taiwan’s Legislative Yuan amended the provisions of the Labor Standards Act to secure the rights of dispatched workers for the first time. Per the proposed amendment, if the dispatch company owes the dispatched worker’s salary, the worker may demand the host company to pay, and then the host company may claim compensation from the dispatch company or deduct the compensation from the amount payable to the dispatch company. Furthermore, the amendment also stipulates that the dispatch company shall not sign a fixed term contract with the dispatched worker.
 
The Ministry of Labor has stated that the security of dispatched workers’ rights is an important policy. This amendment will prevent dispatched workers from being "disposable" in the future, and also effectively ensure the stability of work and salary for dispatched workers. Through various methods, such as administrative guidance and legislation, the important rights of dispatched workers will be protected in a more comprehensive way.