The Study on Labor Inspection in Taiwan-Focus on the labor inspection agency and the authority of the inspector

• Main Authors: LI, YI-PING, 李依屏
• Other Authors: CHOU, CHAO-YU
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/gyw4qa

碩士 === 國立中正大學 === 法律系研究所 === 106 === Labor inspection is the method to prompt the enforcement of labor laws in order to secure employees’ rights. Labor inspection ensures the minimum standards of labor conditions to be implemented or occupational health and safety of workplaces to be inspected regularly. The system of labor inspection is one of important principles which was stated in Labor Inspection Convention and Labor Inspection Recommendation legislated by International Labour Organization. The system of labor inspection is an important system that is widely stipulated and implemented around the world. Taiwan Labor law also incorporates the labor inspection system, but the authorities and responsibilities are devised into different kinds of labor inspection agencies. It is gradually against the purpose of legislating Labor Standards Act for establishing working condition in the united and same regulation in every place. Moreover, during first labor inspection, inspectors were hard to obtain the salary information or the record of attendance and absence, which should be provided from employers. Then, the administrative director would ask for second time of labor inspection. However, it seems that labor inspection is ineffective. This study was presented after research on the current laws, cases, practical issues and related controversies. First, the research analyzes the related Labor Inspection Convention and Labor Inspection Recommendation and the authority of central and local government to ensure that legislating important regulations of labor inspection system and the authority of labor inspection belong to the authority of central government. Second, This research intents to conducts its research by understanding the actual implementation of labor inspection in Taiwan by in-depth interview such as the consideration to the authority of labor inspection for local governments or the difficulties of conducting labor inspection and so on. Moreover, via the comparison of the system of labor inspection in both Japan and in Taiwan, I proposed a concrete practice of labor inspection system and the suggestion of amending related laws. Finally, the conclusion of the research is that all labor inspection agencies should follow the regulations of central government. When the inspectors find that the employers are not willing to provide the salary information or the record of attendance and absence and so on, the employers should be fined according to the laws.