| 摘要: | 勞資關係是否穩定，就業安定是否貫徹，常會影響一個國家之經濟發展與治安。而國民之就業情況是否能夠安定，固然與勞動政策如何釐定息息相關，但勞動法制是否建構完善，也會影響到勞動政策之執行成效。台灣勞動法制走向發展途徑可以說是肇始於民國七十三年勞動基準法施行之後。惟勞動法制之健全發展，不僅攸關個別勞動關係，亦牽涉到集體勞動關係之法制架構。吾人必須嚴謹面對隨著世界性經濟不景氣與國際間經貿交流日盛所帶來企業競爭之壓力，對於勞資關係發展也有了重大變化之事實，其中比較需注意者為僱用型態之改變現象。過去從19世紀初以來世界各國多把勞資關係定調在追求僱用保障，長期僱用之點，然而隨著經濟壓力日益嚴峻，企業也必須在人事運用上有所變革。彈性化的人事運用機制，遂成為企業主所嚮往及追求之重點，因此定期契約工，勞動派遣等非典型勞動，如雨後春筍般植基於各企業體內。加上台灣與中國大陸簽訂ECFA協定後，預計有不少企業必須面臨來自大陸方面之競爭，於此狀況下雇主必然更緊抓彈性僱用，其結果是勞工之工作權益受損，甚至即使勞工仍獲有工作，但卻多是臨時性工作，此種現象持續發酵，可能對台灣勞資關係穩定帶來重大不良影響。因此在後ECFA 時代下，面臨世界經濟情事與僱用型態之變化，台灣勞動法制應該如何發展與重新架構，應是刻不容緩必須予以重視之課題。本研究計畫案在上述目的下，將持續一個二年為期的研究，整合個別勞動關係與集體勞動關係之發展，參酌世界勞動組織對於各國勞資關係之發展勸告，以及英、美、日、德等先進國家之勞動法制變革，更重要的是與中國大陸勞動法間之接軌課題也予以納入。預計研究成果可以提供政府在釐定勞動政策時之參考，也可以使台灣勞動法制之發展與世界同步。
Abstract The issues of whether industrial relations are stable and whether the stability of employment is carrying out often impact on economic development and public security in a country. The stability of national employment situation is indeed closely related to how labor policy made. However, that whether labour law is complete and thorough will also impact on the effectiveness of enforcement on labor policy. With the global depression and the growth of international business transactions, we have to seriously face the fact that the huge change in the development of industrial relations based on pressure of business competition, particularly on the change of types of employment. Since the early nineteenth century, many countries in the world have focused their industrial relations on pursuing security of employment and long-term engagements. Nevertheless, because stress of economy become worse gradually day by day, businesses also have to reform use of human resources. Flexible systems of using human resources then become what entrepreneurs prefer and purse. Therefore, atypical employment, such as contract-based employment and dispatched work, has been growing up rapidly in every business. After the ECFA was signed between Taiwan and China, it is expected that many businesses will have to face the competition from China. In such a situation, employers must depend on flexible employment more heavily. It will result in violating labor’s right to work. Furthermore, even if labor could still obtain or keep jobs, most of these jobs are temporary ones. If this case scenario continues, it may be high likely to have adverse and serious impacts on the stability of industrial relations in Taiwan. Therefore, in the era of post-ECFA, how Taiwan labour law should develop and reform is an urgent issue and needs to be paid much attention when we face the situation of global economy and the change of types of employment. This project will be expected to continue for two years based on the purposes described above. It will integrate the developments of individual labor relations and collective labor relations. Moreover, we will also refer advices provided by the international labour organization regarding developments of industrial relations in individual countries. In addition, the reforms of labour laws in the United Kingdom, the United States of America, Japan, Germany, and some other developed countries can also serve as references. Last but not the least, the issues with regard to the connection with Chinese labour law should also be considered. The result of this project can serve as a reference when the government makes labor policy – to make the development of Taiwan labour law keep up with the world. |
