| Summary: | 碩士 === 國立臺北大學 === 法律學系一般生組 === 103 === With respect to the prevention of occupation hazards, the practices and academic research more focus on the construction of employer's duties and liabilities for damages, but in addition to liability for damages, the workers whether have a right to enforce the employers to comply with or not, this issue can also be discussed. So the thesis focuses on employer's duty to care and protect issue in the meaning, purposes, effects and the connection between employ's duties and labor contracts, especially emphasizes on the workers' right to refuse to work.
In addition to the Article 483-1 of Civil Code, the Labor Standards Act, Occupational Safety and Health Act, Act of Gender Equality in Employment also make the employers have the duties to care and protect his workers. Thus, in addition to contractual obligations, the public law also make the employers have the duties to care and protect his workers, and the public obligations may become part of content of labor contract, if the employer does not comply with, he may bear legal liability.
Working for long time and under heavy pressure are hazards in the workplace, they may lead to overwork and melancholia, moreover, workplace bullying and sexual harassment may result in occupation hazards, so they are also hazards in the workplace. Thus, this thesis call overwork, melancholia, workplace bullying and sexual harassment as contemporary types of occupation hazards. Additionally, the issue of occupational safety and health with respect to the new types of relations between labors and employers derive from employment─ dispatch, one person employed and self-employed should be placed importance on.
By studying and analyzing domestic documents and several judgments, and supplementing by United States law and parts of Canada law, the thesis try to provide certain thoughts and recommendations for the contemporary types of occupation hazards issue and new types of relations between labor and employer issue, and wish this thesis will be one of the references to deal with the problems of the occupational safety and health in the future Taiwan.
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