兩岸勞資（動）爭議處理機制之比較研究—程序保障觀點的分析—

• Main Authors: Wu Chao Yi, 吳昭宜
• Other Authors: 吳育仁
• Format: Others
• Language: zh-TW
• Published: 2006
• Online Access: http://ndltd.ncl.edu.tw/handle/50048868385503601370

碩士 === 國立中正大學 === 勞工研究所 === 94 === On January 1, 1995, China enforced “Labor Law of the People’s Republic of China”to regulate employee-employer relationships in full-scale. Discussion on labor disputes could be seen in Chapter 10,Article77-78 . In 1988, Taiwan established “The Settlement of Labor Disputes Law”to regulate labor disputes. Refering to differences in politics, economics, social backgrounds and ideology leads to diversity of labor disputes settlement scheme in China and Taiwan.This paper tries to analyze the scheme of labor disputes settlements both sides on the basis of procedural safeguard. The systems in Taiwan and China are incompletely designed and do not function well in the fields of how to sort labor disputes, conciliation proceedings, set up of conciliation committee and its authority; members in arbitration committee, arbitration procedure and its effect. Duing to differences in politics, economics, social backgrounds and ideology, the design of the labour disputes settlement system differ on both sides.However, under either system, the guidance of the procedural safeguard theory should be valued. Human is the main reason for the system to be built. With this thought in mind should the labour disputes settlement system protect labour's right to be workable.