| 摘要: | 無論係由保全公司指派保全員，或是由管委會自行聘僱，均屬勞基法上所稱之「勞工」，應無疑義。前者的雇主為物業管理公司或保全公司，後者為公寓大廈自行聘用。原本於民國73年勞動基準法制訂時所適用對象僅有傳統繁重性工作，而保全業屬於「其他社會服務業」自非該法適用之對象，雖然難以適用勞動基準，屬於勞工中央主管機關關於勞動基準規定窒礙困難者， 但考量仍有行業因其工作特殊性、管理方式不同，而此種特殊工作者排除一般勞動基準法關於一般條件工時、休假的規定。於民國 87年為跨大保障一切勞雇關係，而增定擴大適用受勞動基準保障對象。此種勞動基準法第 84條之1特殊工作者，尤其在與雇主約定關於工作時間、休假，對於其勞動條件均會有所重大影響，因目前關於工時規定，僅有一般工時、彈性工時，尚無針對排除一般勞動基準法所訂之正常工時者所適用有相關明確規範。
然而保全員做為勞動契訂定主體的一方，針對此種特殊工作者對象主管機關審查核備審查的標準等問題，法律並無明確的規範。此外，在一般情形保全於簽約時一般僅能拒絕或接受，可能有協商上不平等情形，是否需工會參與與介入？本文探討以保全業者於管理公司聘約所僱用之保全人員適用勞基法，實際運作上情形，所存在勞動權益保障不周之問題。從文獻研究法，透過歸納彙整我國學說及實務見解，並輔以訪談，就保全人員適用勞基法之相關爭議予以分析，並針對上開爭議提出建議。
In 1984, the government announced the implementation of the Labor Standards Act, hoping to protect labor from being subject to the Labor Law that would have required employers to pay workers more than they were entitled to, but the labor law was not enforced. The structure of the Labor Law to some certain extent is based on the traditional factory workers as the starting point. But because of the impact of globalization, and the large increase in foreign industries, Taiwanese industry has entered the post-industrial era, mainly service industries. The employment rate in the service industry has increased by more than half since the recession began. The security industry is a fast-growing industry in the services industry. According to a survey conducted by Common Wealth magazine, the securities industry has been ranked as the king of profits in Taiwan for eight consecutive years. This is a significant increase from the previous year. This is a significant increase from the previous year. This is a significant increase from the previous year.Perhaps it is because of its amazing profitability, and the fact that many companies have invested into tinned steel in spite of amazing profits, the irony is that under the high profit figures of the security industry, labor's standard working conditions are being sacrificed. Low wages, long working hours, abuse of regular labor contracts, plus the type of work they were dispatched to do. The labor disputes between security guards were repeated; rights and interests of security were greatly diminished. This is why improving working conditions and security is even more important. It is hoped that through this study, we can understand the labor situation that security faces.This study allows us to reassess the rationality of security measures as they are included in Article 84 of Article 1 of the Labor Standards Law.The purpose of this study includes: investigating the working conditions of the security workers, understanding the working stability of the security services involved, understanding the impact of Article 84 of Article 1 of the Labor Standards Act on security, understanding the problems that security encounters the most, and the safety evaluation of workplace security by the security services involved.Through this study, we can better understand the impact of Article 84 of Part 1 on labor market conditions and the impact of the proposed legislation. And further rationalizing Taiwan＇s labor laws, and improving the working environment for labors. |
