Labor Relations of Student Assistants: Dialogue of Academic Freedom and Labour Protection

  • 邱 鈺萍

Student thesis: Doctoral Thesis

Abstract

Since the establishment of a guidance in the protection for college student assistants’ rights by the Ministry of Education and the Ministry of Labor the controversy of Taiwan’s college student assistants has entered a new stage Traced back to an attempt to organize National Taiwan University Labor Union in 2016 the issue does not only pertain to the identification of labor but also undoubtedly the interaction between studentship and labor relations has become a bone of contention Accordingly it is of vital importance to differentiate the character of student assistant in the realm of studentship and labor relations respectively On the one hand if viewed from protection constructed by workers’ rights except students qualified for government subsidies student research assistants and teaching assistants are subordinated to school and its agent; hence they possess the right to labor protection On the other hand owing to student assistants’ identity as college students and their status in labor market they are entitled to academic freedom by the provision in Article 11 of the Constitution To reexamine the controversy this thesis deploys a protection constructed by academic freedom to form the basis of student assistants’ studentship to reach the conclusion Namely academic freedom and rights to work both take effect on labor relations of student assistants which consequently constructs a labor protection to put academic freedom into practice
Date of Award2020
Original languageEnglish
SupervisorWei-In Tsai (Supervisor)

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