| Summary: | 碩士 === 國立中正大學 === 勞工所 === 97 === Research labor dispute processing mechanism-Sets up the
Shinn LIH chemical strike event as the example
Abstract
Ching-Tsai Chen
Our country''s labor dispute processing law announces the implementation in 1928 until now, only has the fragmentary revision, but as a result of the law article distribution, the consummation, by no means did not suit to the dispute event processing function, but between labor management relation bracelet labor conflict and cooperation subtle relations.
This research goal in view of research in the labor dispute processing mechanism, compared to sets up case of the Shinn LIH chemistry company industrial trade union legitimate strike to the letter to conduct the analysis research again, is for the purpose of discussing of labor dispute processing mechanism our country at present to form a complete set dispute case in the model the actual process and the effect. But because is research the case analysis, only can make the discussion by the microscopic individual level.
After this research penetration literature discussion as well as the case real diagnosis of discovered that, processing mechanism according to at present labor dispute processing law standard, limits condition of regarding the strike excessively strictly, so that has 97% laborers to be unable approximately to exercise the dispute power, but takes the legitimate strike also everywhere is restricted. So long as has the conflict certainly to be able to have the more or less influence to the innocent third party, moreover peaceful also can have the hindrance regarding the public peace and order.
This research also sees coordination of, the mediation the labor dispute processing mechanism is only a process, but arbitrates is the effect not clear, if labor both sides the non-sincerity cooperation communicate, the entire processing mechanism function may not say, finally only then minority has labor union organization''s laborer to be able to carry on the strike. But result of the strike to labor both sides, is mutually wounded, creates to labor both sides does not have may gap of the atonement, even if has the achievement, also is temporariness or tendency towards compromise, also will be able to create the sequel in the future regarding the long-term labor management relation which the opposition and will not trust mutually.
Therefore must achieve the labor harmony is the idealization, but facilitates the labor cooperation is the essential target, the labor management relation is subtle and complex, only repairs the law reference research conclusion and the suggestion supplies legislator by this case.
Key Words：
labor disputes,union,strike,Shinn LIH chemical,conciliation, mediation
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