勞資會議制度未來展望之研究

Abstract

台灣實施勞資會議將近40年，由於零工經濟趨勢，服務業興起、工會覆蓋率低、全球化第四次工業革命、為提升勞資會議家數等因素，必須重新檢視勞資會議制度。\n台灣中小企業，是以外貿為主的小型經濟體，2018年經濟部中小企業白皮書公布，中小企業占146萬6209家，就業人數896萬5千人，其中近8成（79.98％）屬於服務業。中小企業受雇人數為661萬6千人。台灣企業工會約909個：會員人數約588121人，工會覆蓋率僅約9％，難以全面保障勞工。2019年有簽訂團體協約也僅772家，估計尚有600萬勞工之勞動條件及勞動人權需要勞動法制保護。\n中小企業為因應勞動基準法中：延長工作時間、各種變形工時、女性勞工夜間工作、輪班制勞工變更休息時間、例假之調整等同議權之行使。企業面對勞動基準法工時制度之挑戰，企業中有工會者必須經工會同意，無工會者必須經勞資會議同意後始可實施。工業4.0時代，勞資會議制度作為勞工集體參與協商共同決定模式，勞資雙方將建立共同參與的夥伴關係，將成為協調勞資關係，促進勞資合作，提升勞工地位及改善勞工生活之新契機。\n本研究探討德國員工代表會、日本勞資協議會之制度與作法，並透過深度訪談了解我國勞資會議制度產生之問題，從理論與實務上，找出我國勞資會議未來發展之方向。產業民主，經由企業內勞工參與管理權及參與營運權，未來公司治理趨勢邁向扁平化，勞資雙方必須同心協力團結合作，建立企業內工作者與非典型工作勞工共同決定、共治、共享、共榮的夥伴關係。\n台灣勞工之勞動人權，需要更嚴謹的法制保護，勞資會議制度未來展望之研究：訂定勞資會議法、工作場所之工作者參與、勞資會議應由勞方代表組成、勞方代表選舉制度民主化、勞資會議由勞方代表作成決議之後交由雇主執行、訂定罰則保障勞資會議與決議之執行、訂定保護專章禁止雇主妨害勞資會議、從小學開始實施勞動法教育等。以規範勞資會議協商程序及其效力，穩定勞動關係，促進勞資和諧，保障勞工權益。\n勞資會議法制化，經由勞工參與，以協調勞資關係，促進勞資合作，提高工作效率，發揮勞資會議功能，促進社會與經濟發展，企業達到永續經營。

The labor-management council system has been established in Taiwan for nearly forty years. Now this system requires re-examination as the gig economy emerges, the services sector increases, union representation remains very low, and the fourth industrial revolution has occurred across the world, so as to increase the number of labor-management meetings.\nTaiwan’s small and medium firms are mostly engaged in foreign trade activities. According to the White Paper on Small and Medium Enterprises in Taiwan 2018 published by the Ministry of Economic Affairs, there were 1,466,209 small and medium enterprises in total, collectively hiring 8,965,000 workers. Among them, 79.98％ of workers were employed by the services sector. A total of 6,616,000 workers were employed by small and medium firms. There were 909 trade unions in Taiwan, with 588,121 union members. Only 9％ of workers were covered by trade unions, which was too low a rate to protect the rights of workers. In 2019, another 772 companies signed collective agreements, and 6 million workers were still left vulnerable to unstable working conditions. These workers depend on labor laws for protection.\nIn response to a variety of issues, including extending working hours, managing flexible schedules, women working night shifts, negotiating rest and holiday periods with shift workers—all have been stipulated by Labor Standards Act, Taiwan’s small and medium firms are faced with a host of challenge posed by working hours. The above working conditions must be agreed upon by trade unions or labor-management meetings before they are put into practice.\nIn the Industry 4.0 era, the labor-management council system serves as a springboard to improve labor-management cooperation, build strong relations between labor and management, and improve laborers’ status and life, as it enables two sides to make decisions collectively and become equal partners in the process.\nThe present study explores how the works councils in Germany and the labor-management negotiation councils in Japan take action to address labor-management conflicts, and conducted in-depth interviews among a few individuals to get a grasp of the problems related to labor-management meetings, in hopes to identify the future direction of development through theories and practices. This is aimed to build a flat corporate structure, in which management and workers are equally engaged in management and operations via shared commitment and collaboration, so as to create a partnership co-owned by common employees and atypical workers, and achieve industrial democracy.\nThe labor rights of Taiwan’s workers need the protection provided by stricter legal systems. Hence, the main areas of future development of labor-management council are: the stipulation of laws governing the labor-management council; worker participation in the workplace; the labor-management council should be comprised solely of labor representatives; democratization of election of labor representatives; resolutions made by labor representatives must be submitted to employers; stipulation of penalties to address any violations of resolutions made at labor-management meetings; relevant regulations shall be stipulated to protect employees against employers’ violation of resolutions at labor-management meetings; and primary school students should be taught the value of labor laws. All this helps to legalize the negotiation procedure and efficacy of labor-management meetings, stabilize labor-management relations, improve the harmony between labor and management, and protect workers’ rights.\nBy means of employee participation, the legalization of labor-management council helps to restore balance between workers and management, foster labor-management cooperation, increase work efficiency as a whole, bring forth the benefits of labor-management meeting, and facilitate societal and economic development, so that firms can achieve sustainability in the long run.