| Summary: | 碩士 === 中國文化大學 === 法律學系 === 100 === The disputes over the wage definition never stop since Labor Standards Act was executed. Most disputes arise from the intention of employer to reduce the burden on human resource expense. They adjust the structure of salary detailed list and give the different kinds of fake name with “irregular payment” to escape their legal obligations, while damaging the right of employee as a labor. The problems are caused by the ambiguous definition of wage and no convincing legal precedents to follow in the current practice. The definition of wage is interpreted differently among employers, employee, administrative governing authorities, judicial authorities, and academic scholars. Therefore, it is important to clarify the definition of wage from law enforcement perspective, and possesses the high research value.
This study first explores the legal cases on the definition of wage from different agents, including administrative authorities, judicial authorities, and academic organizations. In fact, the disputes are all focused on the “regular payments” of Item 3 of Article 2 of Labor Standards Act and “irregular payments” defined in Article 10 of Enforcement Rules of the Labor Standards Act. In addition to the grammatical and logical interpretations to clarify the disputed definition of wage, it is also important to explore both historical and teleological interpretations to understand the origin of the law of the wage definition. In this study we also categorize the numerous legal cases of relevant sentences with the additional help from administrative explanations and academic research publications. Lastly, this study attempts to conclude objective references to resolve the legal issues arising from the disputed wage definition.
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