A study of Labor Dispute Settlement through litigation

• Main Authors: Tsai Li chio, 蔡麗秋
• Other Authors: Michael M Wei
• Format: Others
• Language: zh-TW
• Published: 2006
• Online Access: http://ndltd.ncl.edu.tw/handle/69808170013703625090

碩士 === 國立中正大學 === 勞工研究所 === 94 === Abstract Labor disputes are always considered as unavoidable conflicts between employees and employers. The results of labor disputes might be changes of labor conditions or adjustment of labor relationships. The amplification of disputes and illegal disputes might influence the public orders, and increase the social cost. In recently years, the number of litigation to solve disputes is obviously increasing. It is necessary to study the reason of increasing. By statistical analyzing the text of court judgments of labor disputes in recent four years, this study finds several characteristics of cases by litigation. First, the most litigations were brought by labors, and cases were most individual disputes. Second, only about 50% of cases are won by labors, and the percentage of hiring lawyers by labors is under 50%. Besides, most cases were usually dealt with on court of petty sessions. It showed that the most labor dispute cases in Taiwan are small claim and simple cases. The case study finds that the reason by litigation is that arbitrations could not solve disputes. During adjudicating procedures, clients were especially not able to tolerate the long-term process and they are positive to the attitude of judges. The litigation is more and more important. The institution of labor disputes in Taiwan has lots to improve and revise. The adjudicating procedures are too long. In the future, the litigation of Taiwan should adjust toward the labor court in German or labor judge law in Japan. This would depend on the role of litigation in labor disputes. Labors should assert their own rights. By litigation may cost lots of time and money, but with sufficient evidence, the right of labors could be indemnified. Key word：Labor disputes, Litigation