Reconstruction of the special legal system and the theory for working time - Centering on the comparison between Taiwan and Japan

• Main Authors: Wang, Han Wei, 王漢威
• Other Authors: Lin, Liang Jung
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/8d7e7m

碩士 === 國立政治大學 === 法律學系 === 106 === Labor Standards Act has revised several times in recent years. However, the phenomenon of long working hours in Taiwan is causing lots of social issues, and tragedies of Karoshi never end. Hence, it is necessary to review the legal regulations of working hours. As the influence of Economic globalization, special working time systems such as variable working hours system, de facto working hours system are introduced into Labor Standards Act. Across developed countries, Japan has similar geopolitical position and culture to Taiwan. Furthermore, Japan is not only influencing Taiwan on Labor Law, but also has made a lot of researches on special working time systems. Therefore, the author examined the legal regulations of working hours and effects between Labor Standards Laws of Taiwan and Japan for the purpose of improving the rights of labors. In conclusion, it is necessary to introdece flexible working hours system into Labor Standards Laws of Taiwan and adjust the range and effect of article 84-1. In addition, absolute limit of working hours based on the guideline of Karoshi should be set to avoid extreme cases of long working hours.