| Summary: | 碩士 === 國立中央大學 === 法律與政府研究所 === 106 === The collective vacations were caused by the shift of sweats caused by the Taiwan Railway Administration’s overworked class schedule and the Taiwan Railway Administration’s deprivation of employees’ legal holidays. He hoped that the Spring Festival holiday would remind the railway bureau to pay attention to the importance of employee turnover to cause health damage. Sex, however, this collective holiday is even more noteworthy. It is indeed the issue of the rights and interests of civil servants who are both workers and workers.
The law governing the employment conditions of civil servants and workers who have a leave of absence is subject to the law. The doctrines are often fleshed out with phrases such as “comparison of merits” and “priority”. The relevant literature once considered that the provisions of the rest of the Labor Standards Law and the provisions concerning leave are stipulated in Article 34 of the Labour Standards Law, and the labor leave regulations are authorized under Article 43 of the Labor Law; Staff leave rules. Therefore, it was found that, as a matter of overall conditions, the civil service leave rule is superior to the labor leave request rule, and the comparison of the number of leave days as an example, the civil service leave rule is better than the labor leave rule. Therefore, civil servants who have labor status leave are Special vacations should be handled according to the rules for leave of absence of public servants. In addition, regulations concerning vacation leave and vacation should be applied. The civil servants who have the same status as workers should apply the principle of preferential selection for public servants on weekends and holidays.
The current civil servants who are both laborers and workers have a state of affairs applicable to the laws and labor standards laws governing the application of the civil servants' laws and labor standards. The public opinion has not only criticized that “...it is not possible to consider officials as civil servants’ welfare protection but also to The status of ordinary workers enjoys the right of the workers to take vacations according to law during the year...” and even criticizes them with the words “Can't have both fish and bear's paws”.
The purpose of this study is to assist civil servants who are both workers and workers to clarify the conditions of leave and work by exploring the relationship between civil servants and workers and their employers, the background of the formation of civil servants with labor status and the formation of holiday workers’ working conditions. The selection of a suitable benchmark was established to explore the legitimacy of the employees of the Taiwan Railway Administration during the Spring Festival vacation. In accordance with Article 39 of the Labor Law and Article 34 of the Regulations on the Implementation of the Law, the term “consultation of labour” as mentioned in this article shall be limited to the National Holidays and the Law of the People’s Republic of China on Article 37 of the Labor Code. 38 special holidays.
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