目標 教導學生熟悉勞基法普遍議題與相關之理論及實務作法.
閱讀與分析勞基法相關判決與論文.

Objective: To teach students to become familiar with common issues of labor standards law and related theories and practical practices.
Read and analyze judgments and papers related to 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 power, so 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. It can be said to be the most typical law for the state to intervene in economic activities with public power 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 seem small, 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, plus the scope of application, the competent authority, the prohibition of forced labor, the prohibition of intervening in labor contracts to extract illegal benefits, and the obligation 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, identification 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, problems still arise, and disputes are often heard. For example, when an employer owes wages, Article 28 stipulates that wages have priority in being reimbursed. In fact, it is not uncommon for workers to take to the streets to protest because employers owe wages, which shows that problems still exist. 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.

台灣勞動法學會, 勞動基準法釋義;
林更盛, 勞動法案例研究(一)-(四)

Taiwan Labor Law Society, Interpretation of Labor Standards Law;
Lin Gengsheng, Labor Law Case Studies (1)-(4)