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Title: The Norm, Legal Nature of Leave for Union and Employers' Authority for Granting the Permission: Concurrently Discuss the Development of Judicial Decisions in Taiwan
Authors: 林良榮
Contributors: 法學院
Keywords: Leave for Union Related Business;Unfair labor practice;Union activities;Basic labor rights
Date: 2014-03
Issue Date: 2018-05-29 11:52:17 (UTC+8)
Abstract: From a practical standpoint, the legal cases related to "Leave for Union Related Business" (LURB) are rarely seen; however, practicing such type of leaves can be a difficult challenge. When tension occurs between labors and employers, whether the union staffs can be granted with "LURB" by employers may significantly impact their future development of relationship. The issue and essence of the "LURB" focus on two themes: (1) the nature of this legislation; and (2) the conflict caused while employees take this leave at the expense of employers. From the perspective of preventing unfair labor practices, the following issues should be further examined and clarified. What are the rights for union staffs to take a leave while handling union business? What is the perimeter while union staffs exercise their right of "LURB"? In the meantime, granting permission for "LURB" from employers may affect the unity of a union. This study will examine the "LURB" from the related international and domestic laws, as well as provide examples on the recent domestic civic court decisions and executive lawsuits. A protective mechanism of "LURB" based on the rights and legality of union activities will be concluded.
Relation: 思與言, Vol.52, No.1, pp.44-88
Data Type: article
Appears in Collections:[法律學系] 期刊論文

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