我國自願離職者與初次尋職者之就業安全權益之探討

Abstract

在現今全球化與勞動力彈性化的時代，失業問題是世界各國迫切解決問題之一，然也因受到全球化之影響，就業型態日趨多元，失業風險也隨之複雜，包括非自願性失業、轉銜性失業、部份性失業等多種樣態，而失業將對個人、社會、經濟產生多種負面影響且不利於國家未來之發展，現代國家為使降低失業所面臨的危害，保障人民工作權，促進國民就業，免於失業恐懼與危險而建構就業安全體系，該體系以就業服務、職業訓練與失業保險所構成，近年更以積極性的勞動市場政策為解決問題的政策主軸，根據我國憲法保障人民工作權、促進國民就業的精神，而陸續制定職業訓練法、就業服務法及就業保險法，完成就業安全體系的建構。\n\n細看上開法令之內涵係以非自願離職者為適用主體，含括失業給付、提早就業獎助津貼、職業訓練生活津貼，就業諮詢等，惟我國勞動市場尚有許多勞工看似自願性離職，實質內涵係因勞動條件低落、雇主經營不善而被迫縮減工時與工資等情況或因轉銜至下一工作之情況而成為失業者，卻無法受到就業安全制度之保障而造成更複雜的問題，如淪為長期失業者、不完全就業者或怯志工作者，而這群自願性離職者於在職期間參加就業保險，繳納保險費，卻因非屬「非自願離職」而無法在面臨失業風險時，透過就業安全制度維持生存權渡過經濟難關及維持其勞動力。\n\n另因我國就業保險法請領給付之要件之一為被保險人保險年資合計滿一年以上，然初次尋職者因尚未進入勞動市場，顯然無法達到領取失業給付之資格，依據調查29歲以下失業者的失業原因以「初次尋職」佔約4成5，初次尋職者亦多數為青年在畢業離開學校後進入勞動市場尋職，在無法順利銜接進入勞動市場而又無就業安全網的涵蓋，勢必會對這群初次尋職的青年造成極大的社會生活適應難題與經濟困境，進而衍生社會問題，數據統計過去10年來我國長期失業者的結構變化趨勢是：高學歷、青年、初次尋職的長期失業人數，出現逐漸增加的趨勢。國際勞工組織ILO第168號「促進就業和失業保護公約」有特別訂定「新尋職者的特別條款」認為初次尋職者恐面臨比一般失業者更困難的失業風險而應納入保護。\n\n參考德國失業保險，不論勞工是非自願性或自願性失業，均可向勞工局登記失業救濟金及職業訓練，日本亦有針對自願離職者給予津貼，惟兩者仍有些許差別性，我國僅以非自願離職者為就業安全保障主體，而未隨時代的改變擴大適用對象，恐造成就業安全之漏洞，另對於初次尋職者因轉銜進入勞動市場求職期間所得安全兩國均有給予一定的協助措施，我國現行的制度及限制對勞工之生存權、未來職涯發展產生威脅，規範不足實有探討之必要性，使我國就業安全制度更臻完備。

In today’s globalized and labor flexible era, unemployment is an urgent problem that every country in the world needs to solve. However, under the influence of globalization, employment patterns are changing rapidly and unemployment risks are becoming more complex. These risks include involuntary unemployment, transitive unemployment, and partial unemployment. Unemployment creates different negative impacts on the individual, society, and the economy and is disadvantageous for future national development. To reduce the harm posed by unemployment, to ensure the working rights of the people, to promote public employment, and to eliminate the fears and dangers of unemployment, modern countries have established employment security systems. This system is composed of the employment service, employment training, and unemployment insurance. In recent years, governments have used a proactive labor market policy to solve problems. Taiwan has gradually established the Vocational Training Act,Employment Service Act, and the Employment Insurance Act and completed the building of an employment security system based on the constitutional spirit of guaranteeing people’s right to work and to promote employment among the people.\n\nIf we look carefully at these laws, they are mainly centered on involuntary resignees and include items such as unemployment pay, early employment reward subsidy, career training and living expense subsidies, and employment consultations. Unfortunately, although many people in Taiwan’s labor market look like they voluntarily resigned, the reality is that they became unemployed because of poor labor conditions, as a result of decreased work hours and payment from poor employer management, or transfer to the next job. In circumstances like these, workers are not protected by the employment security system, which produces more complicated problems such as long-term unemployment, atypical employment, or workers working under fear. This group of voluntary resigneesparticipated in employment insurance while they were employed, but cannot use the employment security system when they face unemployment risk or use the system to maintain their living or employability because they are not technically “involuntary resignees.”\n\nIn addition, one of the payment conditions for Taiwan’s Employment Insurance Act is that the insured must have one year or more of insured period. Obviously, first-time job seekers who have never been in the labor market cannot obtain unemployment payment qualification. According to a survey of the unemployed under 29 years of age, about 45% gave “first-time job-seeking” as the reason for unemployment. First-time job seekers are mostly young people that have graduated and are just entering the labor market to search for employment. However, some are unable to successfully enter the labor market but are also not covered by the employment security net. As a result, this group of first-time job-seeking youths faces tremendous social adjustment and economic difficulties, which then derive into social problems. Based on statistics from the last decade, Taiwan’s long-term unemployment structure shows an increasing number of highly educated workers, youths, and first-time job seekers who are unemployed for longperiods. The C168 - Employment Promotion and Protection against Unemployment Conventionfrom the International Labor Organization (ILO)provides a special provision (Special Provisions For New Applicants For Employment), which asserts that first-time job seekers may face even more unemployment risk than general unemployed people and should be included for protection.\nIn contrast to Germany’s unemployment insurance, where laborers can apply for unemployment relief or job training from the labor department no matter whether they areinvoluntary or voluntarily unemployed, or Japan’s policy where voluntary resignees can apply for subsidies (although the amount may be different), Taiwan mainly focuses on involuntary resignees in regards to employment security insurance. If the scope of suitable subjects is not expanded to keep up with the times, an employment security loophole may be created. Furthermore, the current deficiencies in Taiwan’s income security assistance for first-time job seekers as they transition into the labor market and the threat towards labor survival and career development caused by the current system and its limitations must be explored so that Taiwan’s employment security system can be made more complete.