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20250429 淨零轉型,勞工/工會不能缺席!國內首份「為工會撰寫」的公正轉型勞教手冊/資料庫,公開上線!

2025新聞
on 29 四月 2025
20250429 淨零轉型,勞工/工會不能缺席!國內首份「為工會撰寫」的公正轉型勞教手冊/資料庫,公開上線!

為了環境永續,淨零碳排是必然趨勢,但產業轉型過程必然會使利害關係人(例如勞工與在地社區)受到衝擊,故進一步需強調「公正轉型」(Just Transition),意即「盡力不遺落任何人」,需同時達到政策目標平衡性、社會分配公平性與利害關係包容性。氣候變遷因應法第3條第1款第11款也明訂政府機關應「在尊重人權及尊嚴勞動之原則下,向所有因應淨零排放轉型受影響之社群進行諮詢」。然在近期發布的《我國工會對淨零公正轉型的認知與回應》問卷調查結果,揭示受訪工會中近6成不清楚淨零碳排的可能影響,且資方「未曾」就淨零排放影響與因應措施與工會互動之比例,也高達77.6%。

Published in 2012

The labour movement of "Unfair labor practices" 

Tracing back the history of the union in Taiwan, we can easily find a heartbroken story related to the unfair labour practices. Before the establishment of new "Three Labour Laws" on 1 May 2011, the labour rights were not protected by laws completely. The employers could suppress the power of union easily. They tried every method to stop the development of union including the intervention of the union operations, rejections of the union’s demand on the consultation or the differentiated treatment in accordance with the union cadres.

In short, the so-called “unfair labor practices” means the employers make an unfair treatment towards the union and its cadres because they operate, join and organise the union. However, the labour can fight with the employers when they had organised the union. Through the collective power, they can conduct the consultation about their working conditions and distributions of the economic benefits with their employers. Once the negotiation broke, the union can apply the right to dispute. As a result, the disregard of the right to organise, right to bargain and right to dispute no longer exist. In the past, the ineffective administrative approach could not provide the instantaneous protection to the labour when they suppressed by the employers due to joining the union operations. Meanwhile, the litigation process was time-consuming and the judicial officials were generally lack of training on the labour laws. It led the labour to the frustration during the endless litigation process. As seen, the unfair labour practices had harmed the development of union seriously.

 

 

On 1 May 2011, the new Three Labour Laws had been established. One of the advanced evolutions is the creation of the institution to prohibit the unfair labour practices. It is the key to implement the Three Labour Laws. This book included three main parts such as storytelling, analysis and the practical operations. Through the interviews on the cases of the unfair labour practices, it emphasised the situations of the union cadres especially the influence on their families and daily life other than works. These stories told nothing but blood, tears and sweats under the pressure of the employers and government. In the second part, it talked about the history of the adjudication mechanism on the unfair labour practices in Taiwan, as well as the case study. This part could strengthen the understanding of that important institution. In the last part, it acted as the references for the union to know about the judgments related to the unfair labour practices in the past. From these three key perspectives, we hope to give a clear picture of the institution.