家務勞動究竟指涉什麼客體?家務勞動該如何評價?家務勞動若為有酬勞動,可以如何評估、計算報酬額度?有沒有可能尋求國家力量,以法律改善、甚至承擔家務勞動的照顧工作,使它對供需對方都更友善?面對女性處於工作、家庭兩難困境,法律說了什麼?做了什麼? 本研究的目的,在於透過法制沿革、判決與相關社會統計數據,探討台灣現行家務勞動法律制度,檢視家務勞動法制化是否真正達成其所欲的目的:提昇家務勞動地位、提昇兩性平等。同時,從相關文獻、報導與評論切入,探討家務勞動的概念呈現什麼樣貌,由什麼組成,又是如何被建構起來的。 沒有國家支持,家庭中的個人選擇家務勞動的照顧工作,就等於選擇貧窮;選擇照顧家人、放棄工作與收入的一方,反而是高所得家庭中的窮人尋求國家力量,以法律改善、甚至承擔家務勞動的照顧工作,使它對供需雙方都更友善是可行的。供需平衡的國家法制能改善家務勞動工作。國家改善、承擔家務勞動的照顧,與經濟發展並不互斥。 家務勞動有給制對國家與社會的提昇效果,藉著推動家務勞動有給制,可進一步擴大基礎,成為一般人民的訴求。家務勞動並非傳統認定的無價值,而是值得薪給的專業工作。家務勞動有價化的法規制定,反而更激起反對者的非理性抵抗。 家務勞動有價的法制化,必須與性別平等教育同步為之。過去被認為否定家務勞動價值的男人,反而比想像中更為認同家務勞動的重要性,只是並不全認同家務勞動必須有償化。 本文肯定家務勞動法制正當化家務勞動的功能,更期待能從更多的實務判決、應用案例中,看出家務勞動法制化的實踐,法官判決時論述能更一致,體察個案具體情事差異,而非一律以行政院行政院規定之勞工基本工資訂為家務勞動的價碼,從而落實家務勞動,使從事家務者得到更多尊重,兩性更趨平等,也達到家務勞動安置於民法親屬篇中,維護家庭與社會和諧的功能。
What exactly referent object of housework? How do housework evaluation? Housework as paid work if you can .How to assess, calculate the amount paid? Is it possible for state power, in order to improve the law, and even take care of household chores to work it the other side of the supply and demand are more friendly? Which does the law be said about the face of women in work, family dilemma,? The purpose of this study is through the legal evolution, the verdict and related social statistics of Taiwan's existing system of domestic labor laws. The study of the valus of housework subjects to enhance the status of domestic work to improve gender equality. Also, from literature, reports and commentaries studies explored the concept of housework What kind of show, by what form, how is to be constructed of. No state support, the family's personal choice to take care of household labor work which means that option for the poor , choosing to take care of family, work and income to give up the party.But is poor in high-income families to seek state power in order to improve the law, or even take work to take care of housework, so that it more friendly to both sides of the supply and demand is feasible. Supply and demand balance of the national legal system to improve the work of household chores. Countries to improve, take care of housework, and economic development are not mutually exclusive. System of household labor has to improve on the effects of state and society, by promoting the system of household labor has to be the basis for further expansion into the aspirations of ordinary people. Housework is not traditionally considered to be worthless, but rather should be paid to the professional work. Price of domestic labor laws and regulations are developed, but also aroused the opposition of the non-rational resistance. Household labor has a price of the legal system must be synchronized with whom gender equality education. In the past was that men who deny the value of household labor, but more than imagine the importance of domestic work recognized, but not all agree that housework must be paid of. This certainly justify domestic labor law functions of housework, but also look forward to more substantive decision from the application case, see the legal practice of housework, the judge ruling on a more consistent discourse, understand the difference between the case of specific circumstances, but Non-Executive Yuan Executive Yuan shall be prescribed by the basic wage workers set the price for domestic work, thus fulfilling the household chores, so those who get more respect for housework, more gender equality, but also to domestic work placement in the family law articles, the maintenance of family and social harmony.