| Summary: | 碩士 === 中國文化大學 === 勞工研究所 === 88 === This Article is a research report focusing on the legality of “worker participation”.
The issue of “worker participation” was widely discussed by the academics and enterprises in the latest two years. However, form the literary or theoretical point of view, most discussions were focused on introduction and comparative analyses of the foreign systems, the legal feasibility of adopting this system and the policy of consequential amendments in Taiwan were rarely mentioned in those researches.
In 1979, the employers in Germany, where the country applied this system in the earliest stage, filed a constitutional complaint to the court and claimed that their ownership and property rights were infringed by the 「Mitbestimmungssgesetz」of 1976, which provided that an enterprise shall reserve for the workers a certain number of the members of the board of directors and supervisors. Consequentially, the constitutional court found that the Act providing the worker participation of the enterprises was not against the constitution’s protection of fundamental rights of people. This judgement actually confirmed the legality of the worker participation.
In this thesis, the introduction of the systems of Germany, United States and Japan and the current system in Taiwan are stated in Chapter Three; and in Chapter Four, the analyses of the judgement found by the German constitutional court in 1979 and the relevant precedents of the United States are stated as the legal basis of application in Taiwan. The Chapter Five states the reviews of the legality of the current laws and regulations in Taiwan, which is based on the analyses of Chapter Four; besides, it describes the present situation of worker participation by the examples of 「China Steel」Case and 「Taiwan Fertilizer」Case. In the conclusion of this thesis, it affirms the meaningfulness of the worker participation system and the possibility of its application in Taiwan; it also makes a suggestion of the short-term and long-term goals of the application of worker participation in Taiwan.
Like the doctors’ making diagnoses and giving the treatments, in my personal opinion, the application of a system shall not be too hasty. It is better to execute the system gradually by using the methods of other countries as reference, considering the internally economic and political situations, local cultures, etc., so that the result will not be just the contrary.
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