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|Other Titles: ||A study of relief for unfair labor practices: Lessons from U.S.A. and Japan|
Unfair Labor Practices;Labor Relations Commission;Collective Agreements Act;Labor Union Act;Settlement of Labor Disputes Act;Labor Dispute;Trade Union
|Issue Date: ||2016-05-20 14:17:11 (UTC+8)|
The issue of labor disputes, particularly unfair labor practices, has become a real challenge to the government of Taiwan. Under the Labor Union Act, employers are prohibited from refusing to hire, dismiss, or otherwise unfairly treat workers because they are labor union members. However, employers have in practice sometimes dismissed labor union leaders without reasonable cause or laid them off under the guise of employee cutbacks, and observers have pointed out that the law has no specific penalties for such violations. In addition, the Collective Agreements Act provides for collective bargaining, but does not make it mandatory. In recent years, the Council of Labor Affairs (CLA) pushed for amendments to the major labor laws, including the Labor Union Act, the Collective Agreements Act, and the Settlement of Labor Disputes Act, which would encourage cooperative and collective bargaining and deter unfair employer and union labor practices. These amendments establish an administrative agency to regulate unfair labor practices. This paper aims to introduce the organization and procedures of the National Labor Relations Board in U.S.A. and the Labor Relations Commission in Japan concerning the unfair labor practices case handing, and present some proposals to improve our system.
|Relation: ||法學評論, 114, 301-382|
|Data Type: ||article|
|Appears in Collections:||[法學評論 TSSCI] 期刊論文|
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