Right for Activities of Trade Union
Introduction
Chia-Ho
Lin (Assistant Professor, College of Law, National Chengchi University)
Special Issue Article
1. Limitation
on the Right to Act Collectively and the Union’s Freedom of Speech
Hsin-Lung
Chang (Assistant Professor, Institute of Financial and Economic Law, National
Dong Hwa University)
2. The
Norm, Legal Nature of Leave for Union and Employers’ Authority for Granting the
Permission: Concurrently Discuss the Development of Judicial Decisions in
Taiwan
Liang-Jung
Lin (Assistant Professor, College of Law, National Chengchi University)
3. Study
of Double-track of Unfair Labor Practice Ruling: Focus on Comparative to Japan
Law
Chao-Yu
Chou (Assistant Professor, Department of Law, National Chung Cheng University)
4. On
the Standard and Evolution of Order-for-relief of Japanese Unfair Labor
Practice Act
Chih-Cheng
Chang (Ph.D Students, Doctor’s Programs, Faculty of Law, Kyoto University,
Japan)
Research Article
1. Discussion
of Disciple’s Ambition in “The Analects
of Confucius” for “Language Competence”: Zaiwo
Yuan-Feng
Wu (Adjunct Assistant Professor, Center for General Education, National
Taichung University of Science and Technology)
Special Issue Article
Limitation on the Right to Act Collectively and the
Union’s Freedom of Speech
Hsin-Lung
Chang (Assistant Professor, Institute of Financial and Economic Law, National
Dong Hwa University)
To criticize and blow the whistle on the employers is very important
to the continuation and the administration of labor unions, but union leaders
are often dismissed or dealt with a disadvantage. The Supreme Court has
recognized such a dismissal as breach of duty and of loyalty. However, after
initiating remedies for unfair labor practices in 2011, several decisions that
recognized the employer’s obligation not to interfere with labor unions or its
criticism and whistle-blowing by leaders have been made by Tribunal for Unfair
Labor Practices and Taipei High Administrative Court. On the other hand,
opinions regarding whether or not employers interfere with labor unions remain
in discord between theory and practice in Japan. Determining the evaluation of
employer’s obligation regarding interfering with activities of labor unions and
labor disputes would therefore be inevitable in Taiwan.
Keywords:
right to act collectively, the employer’s obligation not to interfere, freedom
of speech, unfair labor practice, the activities of a labour union
The Norm, Legal Nature of Leave for Union and
Employers’ Authority for Granting the Permission: Concurrently Discuss the Development
of Judicial Decisions in Taiwan
Liang-Jung
Lin (Assistant Professor, College of Law, National Chengchi University)
From a practical standpoint, the legal cases related to “Leave for
Union Related Business” (LURB) are rarely seen; however, practicing such type
of leaves can be a difficult challenge. When tension occurs between labors and
employers, whether the union staffs can be granted with “LURB” by employers may
significantly impact their future development of relationship.
The issue and essence of the “LURB” focus on two themes: (1) the
nature of this legislation; and (2) the conflict caused while employees take
this leave at the expense of employers. From the perspective of preventing
unfair labor practices, the following issues should be further examined and
clarified. What are the rights for union staffs to take a leave while handling
union business? What is the perimeter while union staffs exercise their right
of “LURB”? In the meantime, granting permission for “LURB” from employers may
affect the unity of a union. This study will examine the “LURB” from the
related international and domestic laws, as well as provide examples on the
recent domestic civic court decisions and executive lawsuits. A protective
mechanism of “LURB” based on the rights and legality of union activities will
be concluded.
Keywords:
Leave for Union Related Business, Unfair labor practice, Union activities,
Basic labor rights
Study of Double-track of Unfair Labor Practice Ruling:
Focus on Comparative to Japan Law
Chao-Yu
Chou (Assistant Professor, Department of Law, National Chung Cheng University)
By lack of specification of the employer’ unfair labor practices in
the past, it makes difficult for the development of Union activity. The problem
had been substantially resolved after updating three new labor laws which
enacted the rules of employer’ unfair labor practices. Taiwan’s Labor Union Act
divided the rules of employer’ unfair labor practices into private rights and
non-private rights disputes. It also enacts the way of remedies in the Act for
Settlement of Labor-Management Disputes which makes unfair labor practices
showing the double-track system. However, the controversy occurs with systems
in theory and practice. Legally speaking, the purpose of unfair labor practices
is to give relief to Union’ solidarity and keep the relation between labors and
employers remaining in a good way. It is not focusing on individual labor
rights. Current ruling system in our country is to remedy individual labor
rights (relating to private rights dispute) and the ruling of against the
Union’ solidarity (not involving private rights dispute) is following the same
rule as the private rights dispute. In practice, it leads to distinguish
disputes difficultly due to not making it clear that the incident involving the
private dispute or non-private rights dispute. It is complicated in dispute
whether the event should be governed by the district court or administrative
court when the client is unsatisfied with the results of verdict. Therefore, it
is hard to interpret this system in law. The way to put an end to disputes is
to reform the system of unfair labor practices back to give relief to Union’s
solidarity.
Keywords:
Unfair Labor Practices, Decision on the Unfair Labor Practices System, Labor
Union Act, the Act for Settlement of Labor-Management Disputes
On the Standard and Evolution of Order-for-relief of
Japanese Unfair Labor Practice Act
Chih-Cheng
Chang (Ph.D Students, Doctor’s Programs, Faculty of Law, Kyoto University,
Japan)
Taiwan implemented the new collective labor law since May 1, 2011,
which imported the unfair labor practice system applied many years of United
States and Japan, opened a new era of the Collective Labour Relations Act.
Japan, as our system of unfair labor practice successors country, accumulated
up to 60 years of practice and jurisprudence of the Labor Committee of
Practice, the exercise of discretion made for order-for-relief method and
Boundary has been the formation of a stable type of system operation mode and
command made jurisprudence.
This paper try the order-for-relief discretion benchmark
jurisprudence in the unfair labor practice in Japan for an overview of the
research, made inclusive of research. And further attempts to analyze the
evolution of jurisprudence relief command to explain the Japanese system of
unfair labor practice, This paper is looking forward to Taiwan in comparison
method of reference and inspiration.
Keywords:
Unfair Labor Practice, Collective Labour Law, Labor Relationship, Labor
Relations Commission, order-for-relief
Research Article
Discussion of Disciple’s Ambition in “The Analects of Confucius” for “Language Competence”:
Zaiwo
Yuan-Feng
Wu (Adjunct Assistant Professor, Center for General Education, National
Taichung University of Science and Technology)
This article tries to make a complete analysis and criticism for
Zaiwo’s personality and ambition from three aspects. First, retrieve Confucius’
attitude to language, and essential differences between his attitude and common
views of value in the Analects; second, process a consistent and deep analysis
and discussion for Ziwo’s language competence and clever, psychology and
character flaw reflected behind from the Analects concerning the records
relating to Zaiwo. At the end, this article selects typical ones from the later
theorists that redress Zaiwo’s personality and their general concepts. General
speaking, Confucius’ Tao even needs not have to reject people’s outstanding
talents and abilities, but truth and virtue always have no inevitable
relationship with talent. The Tao shows its true that minor efforts and
hard-working will make every ordinary thing done much better, meaning it’s possible
to promote your desire to set goal as a benevolent person to others, not to
show yourself off when you’re better than others as if Tao’s truth and the
value of life. There is but one Tao showing great and true as well as
approachable through this way.
Keywords:
Zaiwo, language, flattery, sleep in day time, mourning for three years
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