隨著經濟發展和產業結構的變化下,企業經營者為了節省人事成本,使勞動力的運用更加彈性,加上現代勞工趨向選擇時間自由、工作行程可自主且能適才運用本身專長的工作方式,於是產生不同於以往的勞動契約約定方式,於焉產生非固定工作時間、非固定工作地點之電傳勞動之工作型態。我國未來應如何健全電傳勞動者的權益,才能收勞、資、府三贏之功效,是本文的研究動機與目的。 有鑑於電傳勞動未來將有繼續增加及成長之空間,相較歐美國家,我國對於電傳勞動相關實證研究之起步已略嫌緩慢,對於電傳勞動者是否能給予一定保障及規範,本文基於此擬藉由文獻分析及比較分析,先對電傳勞動發展背景及相關基本理論有所理解後,觀察我國電傳勞動在法規適用上可能產生哪些難題,並參考歐美對電傳勞動所做的相關法規規定,藉由國外法規之觀察,期望對未來電傳勞動相關立法提供更臻完善的建議。
Computer and all electronic products actually change our modern life. In the labor law field, we can also find that the entrepreneurs want to build up a model “telework”. By introducing telework to a company, it can not only cost down the personnel cost, but also give laborers more free time and free space, they are not confined to certain time and certain location to offer their labor force. It seems that telework gives more flexibility for both the entrepreneurs and laborers. But what we should concern is that telework, the new working style, challenges the traditional labor law, especially on how a contract is made, and how to decide working time and how to shift the occupational responsibility. And this is the start point that this thesis wants to discuss more. Telework is more and more popular nowadays, and compare to western countries that they already have some guidelines or regulations for telework, Taiwan still in the very beginning step, which leave some vague zone and cannot be able to protect laborers. Thus, in this thesis, I will adopt the material analysis and comparison analysis to find out the background of telework and its basic theory, and then discuss the potential issues if we adopt telework, and how to solve these issues, and at the end, I will introduce the other countries regulation on telework and rethink what we can learn from others.