專業價值與勞動權益：社工勞資爭議之行動歷程探討

本研究自研究者於社工職場中經歷「利他價值」與「勞動權益」之衝突為起點，開啟社工專業化與勞權的對話。1990年代起，臺灣社會福利立法的蓬勃發展，加上福利服務民營化的推動，帶動社工人力的成長與專業組織的興起。然而，「社會工作師法」的立法與推展，卻引發了「專業自主性喪失」與「證照造成社群隔閡」等議題。另一方面，在福利民營化之下，政府大量釋出之委託方案造成非營利組織對政府財源的依賴，以及由責信制度衍生的繁雜核銷工作等，而委託方案的經費不足也造成社工被要求回捐以共體時艱。隨著2009年社工被納入勞基法適用及2011年新勞動三法通過，社工開始組織職業工會，促成基層社工於既有的專業體制之外，出現集體爭取勞動權益的可能性。本研究採取質性研究的方法，藉由深度訪談法探究社工進行勞資爭議之助/阻力與工會之勞權倡議策略。深度訪談的對象包括7位曾進行勞資爭議之社工，以及5位曾協助處理勞資爭議的社工工會幹部。其中，受訪社工發生之勞資爭議類型以「薪資回捐」為大宗，「契約變更」次之。根據受訪社工的經驗，勞資爭議之歷程包含五個階段：一、置身爭議情境；二、覺察爭議事實；三、抉擇是否進行爭議；四、形成行動策略；五、反思爭議造成的影響。至於工會則因應不同狀況採取多元的協助策略。本研究的主要發現為：一、阻礙社工進行勞資爭議的主要因素，包含遭雇主曲解的利他價值、缺乏勞權知識及職場黑名單文化。二、促成社工進行勞資爭議的動力，源自於民營化下政府與雇主對於勞權的忽視，進而觸發社工藉由勞資爭議爭取勞權，並反思專業價值的意涵。四、因社工勞資爭議類型特殊，且政府方案委託監督機制失靈，工會藉由充權社工之勞權意識，以及倡導透明的政策溝通機制，形成以集體權倡議勞動政策之基礎。最後，本研究認為維護勞動權益的關鍵在於勞權意識的覺醒與社群的團結，因此，研究者建議社工的專業教育中應納入勞權教育，以強化社工之勞權意識與提升公民參與的層次。

關鍵字

社工；工會；勞資爭議；專業價值；勞動權益；社會工作師法；福利民營化

並列摘要

This study originated from the conflicts between altruism and labor rights in the social worker workplace when the researcher engaged in practical work and then reflected on the relationship between social work specialization and labor rights. Since the 1990s, Taiwan’s social welfare regulations was established rapidly, and the promotion of social welfare services privatization has led to the increase of social workers and professional organizations. However, the legislation and promotion of the Social Worker Act has caused issues such as loss of professional autonomy and classification of the social worker community caused by the licensesystem.In addition, Under the privatization of welfare, the government’s extensive release of contracting-out programshas caused non-profit organizations to rely on the government's financial resources and the complicated reimbursement derived from the accountability system. Moreover, due to the financial insufficiency of the government’s contracting-out programs, social workers are forced to make unwilling donation to maintain the operation of their organizations. With the inclusion of social workers in the application of the Labor Standards Act in 2009, and the carrying out of the three new labor laws in 2011, social workers began to organize trade unions, which could provide options for social workers to fight collectively for their rights and interests. This research adopts a qualitative research method in terms of in-depth interviews to explore the boosts and obstacles in labor dispute for social workers as well as the strategies adopted by the labor unions to fight for labor rights. The interviewees included 7 social workers, who had been involved in labor disputes, and 5 union members, who have experiences of handling labor disputes.On the whole, the type of labor disputes among social workers interviewed was "unwilling donation" as the bulk, and "contract change" as the second largest. According to the experience of the interviewed social workers , the process of labor disputes involves five stages: 1. encountering disputable working conditions; 2. being aware of facing labor disputes; 3. deciding to raise dispute cases; 4. forming strategies to fight for labor rights; 5. self-reflecting on the impact of labor disputes. As to the union members, they tended to provide diverse assistances in response to various situations. The main findings of this research are as follows. Firstly, the main factors hindering social workers to conduct labor disputes include misinterpretation and abusing of altruism by the employers, lack of labor rights knowledge, and the workplace blacklist culture. Secondly, the boost to engage in labor disputes comes from the neglect of labor rights for the government and employers under welfare privatization. Therefore, social workers strive for labor rights through dispute cases and also reflecting on the meaning of professional values. Thirdly, due to the special type of labor disputes between social workers and the failure of the government's supervision of the contracting-out programs, the union forms a basis of collective labor rights boosting labor policies by empowering social workers with knowledge of labor rights and encouraging a transparent policy of communication. Finally, the key to ensure social workers’ labor rights is to improve the awareness of labor rights and collective unity. We believe that the key to safeguarding labor rights lies in the awakening of labor rights awareness and the unity of the community. Therefore, we recommend that professional education of social workers should be affiliated with labor rights education in order to strengthen the social worker's labor rights awareness and enhance the participation of citizens level.