A Study on the Influence of Labor Rights and Its Management in the Public Sector：2016 The Policy Transformation of One Fixed and One Flexible Day Off on New Labor Laws

• Main Authors: Yu-Ju Yen, 顏玉茹
• Other Authors: Chang-Yen Lee
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/999k86

碩士 === 國立中興大學 === 國家政策與公共事務研究所 === 106 === The bill of amendment of certain articles of the “Labor Standards Act” was passed after its third reading at Legislative Yuan on December the 6th 2016. On January 10, 2018, certain contents of this bill of amendment of 2016 were revised again, and the policy of “One Fixed Day Off and One Flexible Rest Day” was implemented. On one hand, it aims to ensure that all employees are fully guaranteed, on the other hand, it intends to offer more flexibility to the management of enterprises. However, both of the two amendments provoked strong arguments between employers and employees. As the minimum standard that stipulates labor conditions, the Labor Standards Act is the most important law for the protection of employees’ rights and interests. The amendment to certain clauses is related to labors’ rights, and it should be taken seriously and prudently by the government. The purpose of this study is to discuss the impact of the amendment to the Labor Standards Act on the rights and interests of employees working in public departments applicable to the Labor Standards Act, the difficulties in its management, as well as the necessity of establishing supporting measures for the application of the Labor Standards Act on contracted employees in public sectors. For this reason, this study applies the theory of multiple streams model, discusses the connotation of labor policies, views the development of labor policies in Taiwan through reviewing relevant documents and in-depth interviews. In this paper, we will also analyze the current “One Fixed Day Off and One Flexible Rest Day” policy, present the difficulties of its application, and put forward specific adaptive strategies according to the empirical analysis. In the light of the research results, this study puts forward specific recommendations on policies for the rights and interests of employees working in public sectors: 1. Establish labor principal legal standards, on the premise of not violating the legal system, authorize different execution methods in different sectors. 2. Clarify the inspection mechanism of labor condition in public sectors, optimize the group consultation system, protect the rights and interests of employees in public sectors. 3. Enact exclusive labor legislation on the basis of the characteristics of different public sectors, and mark a new milestone in the development of labor relations in public sectors.