The Relation Between the Services Procurement and the Labor Legal System

論勞務採購與勞動法制之關係

政府部門常以勞務採購方式，運用政府採購法獲得所需的人力。如此的勞動力取得方式，實已涉及違反勞動基準法第5條與第6條之問題。前述採購之作法，雖然狀似外國法制中之勞動派遣，然而在我國目前無勞動派遣法的情況下，是屬於遁逃勞基法規範的脫法行為。況且將勞動派遣人力一用十餘年，亦為外國法制明文禁止之行為。這些問題的發生源自於政府採購法對勞務採購的不當設計，次則因政府長期慣於使用臨時人力造成。準此，本文主張我國宜儘早檢討公務人力應有之完整制度。

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.