| 摘要: | 集體協商在台灣並不普遍，由目前僅六十家事業與工會訂有團體協約的情形可知，集體協商制度在台灣正瀕臨消失的危機。然而，集體協商是工會最主要的任務，何以台灣的工會不要求雇主進行集體協商、締結團體協約？不合宜的勞動法制應是重要原因。此次台灣首度針對「勞動三法」的通盤檢討，已在集體協商 程序以及工會組織方面作出重大的調整。本文旨在分析現有的工會組織狀況與集體協商施行情形，探討勞動三法中有關工會組織與集體協商規定的修正內容及潛存問題，並據以預期未來台灣工會與集體協商結構有朝向集權模式作發展的趨勢。
Collective bargaining is not a common labor practice in Taiwan. There are merely 42 firm level agreements signed by the trade unions and their employers today, which indicates Taiwan’s union bargaining institution on the verge of extinction. Although, collective bargaining is deemed as a traditional major task of trade unions, why do Taiwanese trade unions not require employers to negotiate and conclude labor contracts? Unsuitable labor laws and regulations should be the key determinants. The Three Labor Laws amendments in Taiwan now are the first time revised from the perspective of collective labor relations system as a whole, and expected to make significant adjustments of bargaining procedures and union organization regulations. The paper analyzes the existing trade union and bargaining situations, discuss the concerned contents of the law amendments and potential problems of their implementations after the laws promulgated in the near future, as well as, basis on the analysis to predict a trend of moving toward a more centralized model in the trade union and bargaining structure. |
