部分工時勞工與正職勞工間待遇的均等,長久以來為勞動法之重要問題。近年來,我國從事部分時間工作之勞工人數有增加之趨勢,因此,此問題的重要性也隨即增加,也受到許多討論。事實上,部分工時勞工均等待遇的問題,也是日本近年來所面臨也急欲解決之重要議題。日本於2007年對於部分工時勞動法進行修法,一方面禁止對部分工時勞工有差別待遇,一方面在工資、教育訓練、福利設施上,課予雇主努力義務,以確保部分工時勞工與通常勞工間待遇均衡,對於部分工時勞工之保障有很大的進展。本文一方面考察日本均等待遇原則之發展,一方面對我國現況進行檢討,以提供未來法規解釋及立法之參考。
How to ensure equal treatment for part-time workers and full-time workers has been a problem faced by drafters of labor laws for a long time. In Taiwan, the number of the part-time workers has been increasing in recent years and therefore this issue has become more important and worth of more discussion. How to ensure equal treatment for part-time workers is an important issue which there was an urgent need to resolve in Japan in recent years. Japan adopted amendments to its labor laws with respect to part-time work in 2007 which prohibited the discrimination against part-time workers and imposed requirements on the employers to treat part-time workers and the full-time workers equally in terms of salary payments, education and training and welfare benefits. Such amendments resulted in great progress in protection for part-time workers. This Article will analyze the development of the Principle of Equal Treatment in Japan and examine the current situation in Taiwan for the purpose of providing a reference for the interpretation of laws and legislation in the future.