查詢結果分析
來源資料
頁籤選單縮合
題 名 | 無薪休假法律問題之研究--以行政意見之檢討為中心=The Research of Legal Problem about Unpaid Leaves: Focus on Opinion of Administration |
---|---|
作 者 | 周兆昱; | 書刊名 | 法學新論 |
卷 期 | 23 2010.06[民99.06] |
頁 次 | 頁47-65 |
分類號 | 556.11 |
關鍵詞 | 無薪休假; 基本工資; 勞保投保薪資; 勞工退休金; 產假工資; Unpaid leaves; Basic wage; Insurance salary for labor insurance; Retirement payments; Maternity leave wage; |
語 文 | 中文(Chinese) |
中文摘要 | 「無薪休假」乃雇主為因應突然且激烈之景氣變化所採取的勞務管理措施,對勞工而言,其雖有延後或迴避解僱之正面效益,卻也有會對勞工之經濟生活帶來相當衝擊之負面影響。因我國現行勞動法令欠缺對無薪休假之規範,故而只能由主管機關以行政解釋或命令來因應,惟勞委會之意見並非完全合乎法理,故有檢討之必要。本文除就行政意見為檢討外,並提出適法無薪休假必須有勞資合意、勞保及勞退均應依原領工資,以減輕對勞工之不利益等見解。至於立法論部分,本文認為要根本解決無薪休假相關問題,勞保條例、勞退條例及勞基法均有及早修正之必要。 |
英文摘要 | To battel the current downturn in the economy, many employers have adopted the "unpaid leave" measure in its management system. For many employees who are facing being laid off, the "unpaid leave" measure may seem to bring some postive effect, such as delay or avoid being laid off, however, this measure does have some negative impact on the employees economic wellbeing. This is because our current labor law fails to address problems arising out of the "unpaid leave" measure, and Council of Labor Affairs can only do so much as issuing agency orders to address public concerns. Yet, these agency orders tends to lack legal principle. This article will review the agency orders and suggest that, based on legal principles, in order to lower the nagative impact of the "unpaid leave" measure, the measure should not only be labor desirable, but also the calculation of labor insurance and labor retirement benefits should be based on the employees, original salary. Moreover, this article also stress that in order to effectively address the relevant "unpaid leave" issues, labor regulations such as Labor Retirement Pension Act and Labor Standards Act should be amended. |
本系統中英文摘要資訊取自各篇刊載內容。