立法院於2016年12月6日在紛擾中三讀通過勞基法部分修正條文,這項被簡稱為「一例一休」的新法,自2017年1月1日起實施。包括了:每7日應有一例假日和一休息日、刪除勞工7天國定假日、特休假未休完雇主應發給工資、提高休息日出勤之加班費、增加資淺勞工特休假等重大議題。其法令通過主要原因在於政府部門為了體恤廣大勞工族群,但結果卻導致勞資雙方都不滿意,所以本研究希望可以去以W公司S廠為範例,探討一例一休引起民怨的癥結點,因此希望透過此一研究,能夠來協助相關人士與組織參考。 本研究除對相關文獻進行分析之外,並以質性研究為主要研究方法,針對傳統產類W公司S廠的員工、基層主管、高層主管共6人做為訪談的對象,探討一例一休制度且加班時數合規每人每月46小時限制,對研究對象的影響。並將訪談所得資料進行分類及說明定義與關連性,建構出一例一休制度對研究對象影響。結果顯示,大部份人對一例一休有些正面回應,包含特別假不變、福利不變,並且休息時間變多了。但是他們也表示,一例一休導致薪資減少與更大的生活壓力。同時,許多主管也表示,一例一休增加了管理上的困難度,因為新制導致上線人力不足,產能並因此降低,新型的變形工時也有執行上的困難度,並且訓練新人時間很長,很想解決人力和產能問題。而在解決問題部份,也只有希望法律可以放寬加班時數和未來公司導入工業4.0的機會。希望此研究結果,可以供主管勞動行政機關及勞資雙方作為修法及後續研究者參考。
On December 6, 2016, the Legislature passed a partial amendment to the Labor Standards Act. This new law, which is abbreviated as “one regular leave day and one rest day” was implemented on January 1, 2017. It includes: There must be a holiday and a rest day every 7 days, 7 days national holiday is deleted, employers should pay wages if annual leave for workers is not completed, improve overtime pay for overtime, increase the number of junior employees and special holidays and other major issues . The main reason for the adoption of the ordinance is that the government departments are sympathetic to the majority of labor groups, the result was unsatisfactory for both employers and employees. This study is a case study of W company S factory. The research purpose is to explore the key issues of "one regular leave day and one rest day" and how and why it cause people's grievances. It is hoped that through this study, relevant parties and organizations can be assisted. In addition to the analysis of relevant literature, this study takes qualitative research as the main research method. A total of 6 persons including employees, senior managers, and senior managers of the W company S factory of the traditional industry were interviewed. The data obtained from the interviews were classified and grouped, and the impact of the one regular leave day and one rest day system on the research subjects was constructed. The results showed that most people responded positively to one regular leave day and one rest day, including annual leave will not change, welfare will not change, and time off work will increase. However, they also said that one regular leave day and one rest day lead to a reduction in pay and greater pressure on life. At the same time, many supervisors also stated that one regular leave day and one rest day has increased the difficulty of management, because the new system has resulted in insufficient on-line manpower, production capacity has been reduced. Moreover, new types of deformation work hours also have difficulties in implementation, and the training of new people takes a long time when managers really want to solve the manpower and capacity problems. In the research, it is suggested that the law can relax the hours of overtime and opportunities for the company to introduce Industry 4.0 in the future. It is hoped that the results of this study can be used as a reference for the revision of the law and for subsequent research by the labor administrative agency and the employers and employees.