relevant labor rights and benefits. Moreover, the investigation of the MOL
found that the contract personnel are required to comply with the same
operational rules as the full-time employees in the foundation. It is obvious
that the Indigenous Peoples Cultural Foundation is attempting to avoid
compliance with labor regulations through “assuming the name of temporary
contract personnel but requiring performance as full-time employees.” The
President of the foundation has failed to manage employment properly and not
fulfilled supervisory responsibilities, while the foundation continues to violate
labor regulations and shortchange its employees.
176. The government should pay attention to such matters and examine the current
employment practices, such as that adopted by the Indigenous Peoples
Cultural Foundation and the prison system’s use of professional psychiatrists
and social workers. Such use of a large number of labor contracts using
“natural persons” as if they were commodities in outsourcing should be
considered a “deceptive contract method, and unfair employment in practice,”
a practice which attempts to dodge the application of relevant regulations,
including the Labor Standards Act of the R.O.C. and the Government
Procurement Act, and leads to insufficient protection of the labor rights and
interests of the employees. Moreover, the use of contract employees generally
undermines continuity, and if so neither the governance experience nor the
professional service capabilities of the institutions can accumulate. After the
investigation of the Control Yuan, the Indigenous Peoples Cultural Foundation
has corrected its recruitment policy; it has stopped recruiting contract
employees and transformed the original contract personnel into full-time
employees.
Juveniles
177. Youth Employment
(1)
In recent years, the Ministry of Labor (MOL) has conducted a special project
investigating the labor condition of student workers, i.e. youth in work-study
employment or internships. In 2014, 100 employers were inspected, and a
total of 42 employers (42%) were penalized for violation of the Labor
Standards Act. In 2015, 150 employers were inspected and the number of
violating employers was 61 (41%). In 2016, 150 employers were inspected,
and there were 39 violating employers (26%). In 2017, 150 employers were
inspected, and only 9 employers (6%) were found to be in violation.
Accordingly, this indicates that the number of violations has decreased, and
the implementation of inspection has achieved a salutory outcome. As for
violations in past years, these cases are mostly related to the violation of the
provisions of Article 24 (failing to provide an overtime wages for extended
working hours), Article 36 (failing to provide one day of a rest as a regular
holiday for every seven working days) and Article 39 (failing to pay holiday
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