- 英文摘要
- Labor disputes occur during the process of an industrial relationship, whether it is the beginning, during the continuance of the labor relationship, or the end of the relationship. It is an important issue to enable parties to resolve the disputes quickly and cheaply, and to establish a better mechanism for handling the disputes. The administrative procedures for handling labor disputes originated from the Act for Settlement of Labor-Management Disputes published in 1928. After nine amendments, especially after the 2011 amendment, mediation has replaced conciliation as an important mechanism for handling labor disputes and is widely used by workers ever since.
Despite some people expected cases of administrative procedures for labor disputes would decrease in the number after Labor Incident Act came into force in 2020, however, according to statistics of the Ministry of Labor, the number of administrative mediation cases has slightly increased rather than decreased. Even the arbitration mechanism, which has been criticized as having a very low caseload in the past, has reached a new high caseload. The administrative mechanism for handling labor disputes still plays a very important role in practice.
Therefore, this article not only organizes the important issues of mediation and arbitration, but also presents views on the principle of party autonomy and eclecticism in the mediation process in Taiwan through the comparison with the relevant procedures under Japanese laws, as well as the suggestions and prospects for the arbitration process, in order to improve the mechanism for handling labor disputes in Taiwan.
- 目次
- 壹、前言
一、訴訟外紛爭處理機制
二、關於我國調解、仲裁制度之發展
貳、臺灣法之調解
一、協調
二、調解
三、其他法律規定之調解程序
參、臺灣法之仲裁
一、概論
二、勞資爭議之仲裁程序
三、仲裁與其他制度之比較
肆、日本法之協調、調解與仲裁
一、概論
二、協調（斡旋）
三、調解（調停）
四、仲裁
五、與臺灣法之比較
伍、結論與建議
一、關於調解
二、關於仲裁
