System and Mechanism of Individual labor Disputes'' Resolution

• Main Authors: Shu-Ting Su, 蘇淑婷
• Other Authors: Shi-Hao, Liu
• Format: Others
• Language: zh-TW
• Published: 2009
• Online Access: http://ndltd.ncl.edu.tw/handle/38687197271783656251

碩士 === 銘傳大學 === 法律學系碩士班 === 97 === System and Mechanism of Individual labor Disputes’ Resolution By Shu-Ting, Su Master of Laws Ming Chuan University, Taiwan, R.O.C., 2009 Professor Shi-Hao, Liu Labor disputes arise from the imbalance of the employee-employer relationship due to conflict of standing point of view and interests Labor disputes unsolved will affect not only the employee-employer relations but also social order, political stability and the development of the state economy. However, labor disputes are unavoidable in modern industrial system where democratic values are upheld and so the labor dispute resolution has been a serious topic to look at. Taiwan has enacted laws and regulations on labor dispute resolution. However, they do not sufficiently provide the mechanism for labor dispute resolution in light of the complex and diversified labor issues in the rapidly changing society nowadays. The labor dispute resolution system adopted by advanced countries including the US, Japan and Germany will be good examples for Taiwan to learn from. Labor dispute resolution involves individual and collective labor disputes resolution. This paper will examine Taiwan’s labor dispute resolution system by reference to related domestic and foreign articles, relevant system adopted by foreign countries and based on materials obtained from interviews, in the hope of providing some suggestions for practical and legislative improvement. This paper presented will be structured as follows: Chapter I: Introduction: motive, goal, and scope of research; research method; outline. Chapter II: Introduction to the employee-employer relationship in Taiwan; definition of labor dispute resolution under the legal framework of Taiwan; available options for resolving labor disputes; roles the worker, employer and the government play respectively in a labor dispute and resolution of the dispute. Chapter III: Introduction to the US, Japan and Germany labor dispute resolution systems. Chapter IV: Individual labor dispute resolution in Taiwan: litigious and non-litigious options for individual labor dispute resolution; practical problems and issues involved. Chapter V: Conclusion and suggestion: summarized the problems and issues exposed regarding the individual labor dispute resolution system in Taiwan; proposed suggestion; direction of relevant legislative improvement or even reform.