An Analysis of International Sources of Law on R. O. C.’s Labor Standards Act—In the Context of ILO Conventions

• Main Authors: Hsiu-lan Lin, 林秀蘭
• Other Authors: Huei-ling Wang
• Format: Others
• Language: zh-TW
• Published: 2008
• Online Access: http://ndltd.ncl.edu.tw/handle/tn623k

碩士 === 東吳大學 === 法律學系 === 96 === The protection of human rights has gradually stepped into the level of international law after World War I. Many countries in the world concerned the issue of human rights and international organizations were also established to improve it. Among these, International Labor Organization (ILO) established in 1919 is of most importance in safeguarding human rights. Its unique structure of representation called Tripartite System consists of representatives from government delegates, workers’ delegates, and employers’ delegates of every member state. ILO has developed international labor standards (ILS) with 188 conventions and 199 recommendations. ILS became the primary tools or models for governments which are seeking to draft and implement labor law and social policy in conformity with internationally accepted standards whether ratifying ILO conventions or not. Courts of numerous countries use ILS to resolve labor disputes as well. Increasing multinational enterprises have developed a supplier code of conduct based on ILS to govern labor conditions in their production sites and supply chains. Similarly, ILS also have been used in collective bargaining between labor unions and employers. The efforts of ILO to improve labor conditions and workers’ rights are remarkable. The R.O.C. constitution does not define the application of international conventions ratified by internal legal procedure, but it states respecting international laws in Article 141. The legislative, judicial, and executive branches of the R.O.C. government consider that R.O.C. is a monist country which incorporates international treaties into domestic law, i.e. ratified treaties are a direct part of domestic law and can be applied directly by domestic courts. When there is a conflict between international conventions and national laws, international conventions take precedence over the national laws. However, the R.O.C. lost its membership of ILO in 1971 right after it withdrawn membership from the United Nations in 1970. Prior to that, the government of the R.O.C. ratified 36 ILO conventions. Do these conventions remain effective or become void? Are all ILO conventions nothing to do with the R.O.C. due to lost of ILO membership? What is the point of view from the legislative, judicial, and executive branches of the R.O.C. government on ILO conventions? The purpose of this research is to examine these topics in the context of ILO conventions and the R.O.C.’s Labor Standards Act, and try to come up with possible solutions.