勞工行政組織與勞動基本權保障關係之研究－從「透過組織保障基本權利」之法理出發

• Main Author: 李寧修
• Other Authors: 蕭文生
• Format: Others
• Language: zh-TW
• Published: 2005
• Online Access: http://ndltd.ncl.edu.tw/handle/09458897990722643609

碩士 === 國立中正大學 === 勞工研究所 === 93 === A Study on the Relations between the Protection of Fundamental Rights of Labors and Labor Administrative Organizations －from the Theory of ”Protect the Fundamental Rights through Organizations” Abstract In the employment relations, the power of the labors is not in the same position as their employers. This condition can be improved by the development of unions or by the interference of the nation. In order to protect the fundamental rights of labors, labor administrative organization should be established properly. However, how to organize the labor administrative organization properly is a point here. The main focus of this thesis is to explore the concept of the fundamental rights of labors、the labor administrative organization and the relations between the both of them. In the beginning, this study defines the term “fundamental rights of labors” as a type of the fundamental rights under the constitutional context, which is deeply related to labors. Fundamental rights of labors are composed of many fundamental rights, for example, human dignity, right to life, right to work, and right to union, etc. As time goes by, the contents of fundamental rights of labors also need to be enhanced. From this point of view, in order to offer the complete protection, the application of the article 22 of ROC constitutional law should be considered. The establishment of the labor administrative organization has to follow the rules of administrative organization law. As the labor administrative organization aims at realizing the fundamental rights of labors, the decisions of the labor administrative organization always needed to be examined by the fundamental rights of labors. This study explores not only the establishment of the labor administrative organization, but also deciphers the relationship between the labor administrative organization and the fundamental rights of labors. Within this thesis, the Council of Labor Affairs of Executive Yuan and the Department of Labor of Taipei City Government will be introduced as examples. With the reform of the government, the labor administrative organizations also need to react to the changes at the same time. Regarding to the reform, this thesis proposes that the level of the organizations may be upgraded. The cooperation between the organizations and staffs may also be strengthened, and the structure of the labor administrative organizations should be simplified. But no matter how the organizations are changed, the goal of putting the fundamental rights of labors into practice should never be forgotten.