- 研究生:黃五東
- 論文名稱:從勞資爭議論勞工地位---- 1998年台聯貨櫃罷工案例分析
- 指導教授:沈幼蓀
- 關鍵字:貨櫃場 ; 工會 ; 罷工 ; 外包制度 ; 勞資關係
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[摘要]
台灣社會於解嚴之後，政治、經濟與社會等各領域的活動力量大幅提昇。弱勢族群之一的勞工，在政府陸續制訂或修訂勞動法制後，勞工地位理應隨之水漲船高，權益更受保障。但透過本實例?台聯貨櫃罷工案的研究，整個罷工事件的主要起因於資方一再採行外包作業模式，引起工會認為工作權缺乏保障，遂積極要求擁有工作協商同意權，在勞資雙方多次協調無效下，遂導致罷工的激烈抗爭。過程雖僅有六日，也簽署了協議書，但是所造成的損害已非始料所及，客戶一一流失，公司無法正常營運，終至關廠，全員辦理退休或資遣。所顯現的事實是勞工的力量仍是贏弱不堪，而勞工的代表?工會，亦無足夠的資源可與資方對抗，至於主管機關在處理勞資爭議時，更是動則得疚，無法發揮公權力定紛止爭的功能。勞工處此劣勢環境下，再加上全球化的流移趨勢，若無適當的有效措施介入，其處境恐將日益艱困。有鑑於此，本文引用Kelly & Nicholson 的「罷工起因與歷程之整合模式」作為本案的分析架構，並經由當事人的深度訪談與媒體報導作一整理。其間所涉及的勞工法制，如勞基法、勞資爭議處理法、工會法及團體協議法等相關法條作一檢討。研究結果發現，勞工的地位仍未獲保障，是勞資爭議的最大輸家。於是提出增強公會集體力量、建立緊急處理制度、設置勞工輔導發展基金及透過各式教育來推動和提升人權平等、人道關懷的理念等建議，期能有助於社會的整體發展與和諧。
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[英文摘要 ]
ABSTRACT
Taiwan has made significant progress in politics, economics, etc. after lifting martial law. Labor, typically low in social class, is supposed to raise ranking and its right should be well protected after promulgating or revising a number of labor related laws by the government. However, this is not true as analyzed by the case study of Taiwan Allied Container Terminal strike in 1998. Causes and details of the strike are described below. Management adopted an outsourcing policy. Labor union did not agree since they thought their working right was sacrificed. A number of negotiations between the labor union and the management were held. However, it resulted in failure. Strike thus occurred. The strike lasted for six days by ending with an agreement between the labor union and the management. However, customers gradually lost since then. The normal operation of the company was also impossible. Eventually, the company was shut down and all employees were laid off. In view of the above, it is found that labor power was weak and so as the labor union in this case. Moreover, government agencies did not have much influence on solving the labor and management conflict. To the worse, globalization is emerging. Thus, labor ranking may be further lowered if no effective measure was taken. As to the case study, Kelly and Nicholson, "Integrated Model of Strike Causation and Processes" is incorporated herein by reference. The case study also describes a number of interviews with employees involved the strike and media reports about the strike. Further, labor related laws such as Labor Standard Law, Labor and Management Conflict Negotiation Law, Labor Union Law, and Social Group Negotiation Law are also thoroughly studied. It is concluded that labor ranking is still low and its right is still not well protected in Taiwan. Labor is the loser in almost all labor and management conflicts. It is thus proposed that a number of actions should be taken. These actions include increasing the functionality of labor union, establishing an emergency measure taking mechanism, establishing a labor fund, promoting human right by means of education, and caring labor. Hopefully, the society thus can be more harmonious.
