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Review of Employment System of Contract Workers

Review of Employment System of Contract Workers

Tung-Jui Chang


Contract workers recruited through administrative contracts are defined as temporary professional and technical manpower in the system, but there is a trend of long-term employment in actual practices. For certain administrative jobs, non-fixed term employees are needed. With the establishment of the Ministry of Digital Affairs, the dispute over the recruitment of a large number of contract workers have also brought about an opportunity for the reform of the employment system. Regarding the doubts about the introduction of non-fixed term contract employees, this article’s author believes that the most important issue is whether it violates the provisions of Article 85 and Article 86 of the Constitution. In this regard, the author believes that as long as the fairness of the access procedure is ensured, it does not violate the intent of Article 85 and Article 86 of the Constitution. For the reform, this article proposes some points for thinking: (1) Refer to the public selection procedure stipulated in the Civil Service Promotion Act to stipulate the employment procedures of contract workers; (2) The employment of non-fixed term contract workers is to avoid excessive impact on the examinations system of employing civil servants, and this should be clearly defined in the organizational laws. As for the relevant provisions on the legal status of non-fixed term contract workers, it should be stipulated in the Employment Regulations; (3) The current Employment Regulations are too simple, and should stipulate in detail the rights and obligations of employees.

Keywords: the system of civil service, contract employees, the principle of administrative unity, administrative contract, neoliberalism