A Study on the Labor Complaint System of Taiwan and Japan: Together with a Review of Taiwan's Labor Inspection Legal System

• Main Authors: Si-Ding Wu, 吳思定
• Other Authors: Neng-Chun Wang
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/ru97te

碩士 === 國立臺灣大學 === 法律學研究所 === 106 === 　　The main purpose of a labor inspection system is to ensure a country’s minimum labor standards which is contained in the Labor Protection Law such as Labor Standards Act. This thesis begins with a holistic introduction of Taiwan’s labor inspection system. 　　In a labor inspection system, the state plays a proactive role in inspecting whether an employer complies with the regulations of the Labor Protection Law. It is the labor complaints system that allows an employee to urge the labor inspection agencies to launch the labor inspection procedure after filing the complaint. Nowadays, there is increasing attention to the labor inspection system and the whistleblower protection in Taiwan; however, the related research is rare. This thesis therefore examines Taiwan’s labor inspection system with reference to the recommendations and conventions of the International Labor Organization and the relevant systems of Japanese law. 　　Moreover, this study investigates the relationship between a labor inspection agency and an employee as well as how the employee filing the complaint are protected by law. Concerning the first aspect, this study discusses that if employees have the labor inspection public-legal rights to require the labor inspection agency to launch labor inspection and to institute a specific administrative action of the institutions, and that under what conditions the labor inspection agency should carry out the obligation to conduct labor inspection. On the second aspect, the study points out the system of confidentiality of labor complaints and the prohibition system of the dismissal which is defined as the disadvantageous treatment to the employee filing complaint, and further provides suggestions on the legal system in Taiwan with reference to research on Japanese law. Keywords: Labor inspection; Labor complaints; Whistleblower Protection; Labor standards effectiveness; Labor Standards Act; Labor Protection Law; Supervision and inspection