A Research on the Obligations and Responsibilities of the Employer under the Labor Safety and Health Law

• Main Authors: Li, Po-wen, 黎博文
• Other Authors: Kuo,Ling-Hwei
• Format: Others
• Language: zh-TW
• Published: 2004
• Online Access: http://ndltd.ncl.edu.tw/handle/86509963818925353632

碩士 === 國立臺北大學 === 法律專業研究所 === 92 === Chapter 1 Introduction The first chapter illustrates the motivation for writing this thesis, and then discusses research objectives, research scopes, and research methodology. In addition, describe briefly the limits of the research. Chapter 2 The Constitution foundation of the Labor Safety and Health Law This chapter discusses the Constitution foundation of the Labor Safety and Health Law, including the principles of Social State. Moreover, criticize the issues on protection about the right of labor’s living and working under these principles of Social State. Chapter 3 Dubious interpretations and criticisms about applied scopes of the Labor Safety and Health Law The main purpose of this chapter discusses what applied scopes shall change in this law, compared to the other labor laws. Moreover, discuss what kinds of the categorization shall be. The classifying method shall be by occupations of labors or by characteristics of enterprises. Finally, considering whether the applied scopes of this law violate the Constitution or not. Chapter 4 Definitions of labors, employers, and enterprises in the Labor Safety and Health Law Criticize the definitions of labors, employers, and enterprises in this law. The criterion of labors’ definition is accessory characteristic. The criterion of employers’ definition uses what scopes employers supervise. About enterprises’ definition, we firstly compare the Labor Safety and Health Law with Labor Standards Law, and then propose the opinions about what kinks of organizations or individuals shall be identified enterprises. Chapter 5 The Jurisprudential Basis on the Obligations and Responsibilities of the Employer under the Labor Safety and Health Law This chapter discusses what the jurisprudential basis on the obligations and responsibilities of the employer, including collateral obligations and protection obligations, default and tort, responsibilities of risk, the status of guarantee, etc, and discusses how to identified the responsibilities of the employer of Construction Contracts. Chapter 6 Dubious interpretations and criticisms about penalties in the Labor Safety and Health Law This chapter discusses the definition and types of administrative punishment, the legislative consideration to choose Criminal Penalties or administrative penalty, then discusses the dubious interpretations and criticisms of Criminal Penalties and administrative penalty about the Labor Safety and Health Law. Chapter 7 Conclusion Summarizing the above discussions, review and comment the defect arising out the legislation institution, and present the suggestion to supply a need.