A Study on Typical Research of Unfair Labor Practices in Taiwan: Focusing on Disadvantageous Treatments

  • 蘇 ?鈞

Student thesis: Doctoral Thesis

Abstract

The disadvantageous treatments from the employers to labors and labor unions are called “Unfair Labor Practices” Although the elements of unfair labor practices seems complete there are still some shortages worth exploring In particular the “other adverse treatments” in Article 35 of the Labor Union Act can be very abstract So how to analyze and explain the elements of disadvantageous treatments in Taiwan especially in our legal practices or scholar’s opinion? Can these judgments and explanations really protect the labor rights? Or can we try to categorize all these disadvantageous treatments from the employers? The above issues are all worth exploring Regarding the disadvantageous treatments performed by the employers I think it can be divided into: 1 The employer’s disadvantageous treatment is illegal; 2 The employer’s disadvantageous treatment based on privity of contract; 3 The employer’s disadvantageous treatment outside the privity of contract I proceed from the intention of the Constitution to protect the right to labor unity and it should be able to explain that we should give priority to guaranteeing the labors who are all in a disadvantaged position enable them to effectively exercise the spirit of the right to organize The concepts guided by Articles 15 153 and 154 of the Constitution should give priority to the protection of the labor’s right to organize within certain limits so that it can against employers and prevent them from infringing on labor unity in the name of protecting their fundamental rights
Date of Award2021
Original languageEnglish
SupervisorWei-In Tsai (Supervisor)

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