The Taiwanese State''s Protection of Layoff Workers in Business Shutdowns

• Main Authors: WANG CHENG-CHIA, 王振家
• Other Authors: 許繼峰
• Format: Others
• Language: zh-TW
• Published: 2002
• Online Access: http://ndltd.ncl.edu.tw/handle/67441267294783247629

碩士 === 國立中正大學 === 勞工研究所 === 90 === The state of Taiwan has long actively intervened in labor-management relationship and played a role as the initiator to protect workers. Since the late 1980s, the incidence of serious labor disputes caused by business shutdowns or closures has increased. It seemed that the worker''s interests was not effectively protected. What does this phenomenon mean? What have the state done for layoff workers when businesses shut themselves down? Can these actions protect labor interests indeed? The major purpose of this research is to answer these questions. Using the neo-statist approach, the research examined the state autonomy and capabilities from three aspects: the legal framework, bureaucrats'' action, and the government''s response to social demands. It is found that the statutory laws and executive orders did provide the government with a variety of measures to regulate business shutdown and to protect layoff workers, but they did not constitute a complete framework. Due to social and economic changes, many laws have outdated, and, particularly, they were difficult to practice. Although the government has attempted to revise some of the laws and drafted new bills, labor groups was not satisfied with its effort. The reason for this was that the state had to maximize its own interests in balancing the needs between workers and capitalists. The study has also found that government officials at different levels have increasingly adopted an active attitude toward disputes. While bureaucrats intervened in disputes, they felt confused because they had to play the role as a mediator, and, in the meantime, to abide the laws. It is suggested that the government should encourage civil mediation agencies to participate in labor disputes. Finally, under the request of labor groups, the government has kept issuing executive orders trying to relieve layoff workers'' miseries. It is found that the state has made choices based upon its own preferential list. Despite the state''s autonomy and capacities have shown a tendency to decrease, the state has still maintained its dominant role in the policy-making process.