資本主義經濟之運作、發展等必然造成經濟上強者剝削經濟上之弱者，例如臨時性、短期性、特定性之工作即是，近年派遺勞動更是到處可見，甚至政府機關本身就是最大的派遺業者，如何保護勞工之基本權利，尤其是團結權、團體交涉權及爭議權應如何落實成為今日勞動法之主要課題，歡迎同學共同來學習勞基法。The operation and development of the capitalist economy will inevitably result in the economically strong exploiting the economically weak, such as temporary, short-term, and specific jobs. In recent years, dispatched labor can be seen everywhere, and even government agencies themselves are the largest factions. Heirlooms, how to protect the basic rights of workers, especially how to implement the rights of solidarity, group negotiation and disputes, has become the main topic of today's labor law. Students are welcome to study the labor law.
在資本主義經濟之制度下，資本家從事各種的經濟活動，必然產生與勞工間之權利義務問題。本來在民法之「契約自由意思自主」之原則下，勞資雙方訂定勞動契約，得自由決定契約之內容。事實上，雇主在社會上、經濟上皆居於強者之地位，勞工除了出賣自已的勞動力以外，別無其他生產之工具，因此常有勞資爭議之問題發生。世界各國皆訂有保護勞工之法律，諸如工會法、勞工安全衛生法、勞資爭議處理法等，我國亦在民國七十三年制定勞動基準法(以下稱本法)，可謂國家以公權力介入經濟活動最為典型之法律，以保障勞工之權益。
由於工作種類繁多，規模、性質不一，如何制定各行各業皆得適用之勞動基準，實非易事。本法共規定有八十六個條文，似乎不多，內容卻相當豐富，幾將勞工所有之問題皆包括在內，如總則章內規定著本法制定之目的及用語之定義，再加上適用之範圍、主管機關、禁止強制勞動、禁止介入勞動契約抽取不法利益及防止職業災害發生之義務等。其次有關勞動契約如定期、不定期之勞動契約、預告或不預告勞工解僱勞工之要件，以示雇主不得非法解雇勞工。另工資、工作時間、休息、休假等亦加以明文規定。有關童工、女工、退休金、職業災害之認定與補償、工作規則、勞動檢查、罰則等皆設有規定。
本法為規定勞動之最低基準的法律，雖規定相當詳盡，問題依然叢生，而且爭議時有所聞，例如雇主積欠工資時，第二十八條規定工資有優先受償權，事實上因為雇主積欠工資致勞工走上街頭抗爭之情事屢見不鮮，可見問題依舊存在。另有雇主將勞工之薪資分成三個雇主之形態，致變相減薪，影響勞工之退休金、職業災害之補償等。最近主管機關似有準備放寬工會進行罷工之要件，若確實如此將來工會分攤主管機關監督雇主，落實本法所規定之勞動基準將指日可待，亦期待同學共同努力學習本法。
Under the system of capitalist economy, when capitalists engage in various economic activities, issues of rights and obligations with workers will inevitably arise. Originally, under the principle of "freedom of contract and autonomy of will" in the civil law, both parties, when entering into a labor contract, are free to determine the content of the contract. In fact, employers are in a powerful position both socially and economically, and workers have no other means of production except selling their own labor force. Therefore, labor disputes often occur. Countries around the world have laws to protect workers, such as trade union laws, labor safety and health laws, labor dispute settlement laws, etc. Our country also enacted the Labor Standards Law (hereinafter referred to as this law) in the 73rd year of the Republic of China, which can be said to be the intervention of the state with public power. The most typical law for economic activities to protect the rights and interests of workers.
Since there are many types of work, varying in scale and nature, it is not easy to formulate labor standards that are applicable to all walks of life. This law stipulates a total of eighty-six articles, which may not seem to be many, but are quite rich in content. They cover almost all labor issues. For example, the General Provisions chapter stipulates the purpose of the enactment of this law and the definition of terms. In addition, Scope of application, competent authorities, prohibition of forced labor, prohibition of intervening in labor contracts to extract illegal benefits, and obligations to prevent occupational disasters, etc. Secondly, there are requirements regarding labor contracts such as fixed-term or irregular labor contracts, and the requirements for dismissal of workers with or without notice to indicate that the employer shall not fire workers illegally. In addition, wages, working hours, rest, vacation, etc. are also clearly stipulated. There are regulations regarding child labor, female workers, pensions, recognition and compensation of occupational disasters, work rules, labor inspections, penalties, etc.
This law is a law that stipulates the minimum standards for labor. Although the provisions are quite detailed, there are still many problems, and disputes are often heard. For example, when an employer owes wages, Article 28 stipulates that wages have priority in payment. In fact, because the employer It is not uncommon for workers to take to the streets to protest due to unpaid wages, which shows that the problem still exists. Some employers divide workers' wages into three employers, resulting in disguised salary reductions and affecting workers' pensions, compensation for occupational accidents, etc. Recently, the competent authorities seem to be preparing to relax the requirements for unions to conduct strikes. If this is indeed the case, in the future, labor unions will share the responsibility of competent authorities to supervise employers, and the implementation of the labor standards stipulated in this law will be just around the corner. We also look forward to students working together to learn this law.
三民書局 勞動基準法論 林豐賓劉邦棟著
Sanmin Bookstore Labor Standards Law, written by Lin Fengbin and Liu Bangdong
| 評分項目 Grading Method | 配分比例 Grading percentage | 說明 Description |
|---|---|---|
| 期中考期中考 midterm exam |
40 | |
| 期未考期未考 Didn't take exam |
50 | |
| 平時成績平時成績 usual results |
10 | 平時成績以點名時為準，未來上課者以零分計算。 |
