- 學位論文
外籍家事勞動者法制與權益保障之研究
The Study of Legality and Right Protection on Foreign Domestic Workers
摘要
自外籍家事勞動者開放輸入以降，社會對於此類工作者的需求度日趨升高。在大量引入此類勞工之際，其勞動權益卻未納入勞動法保障之範疇，因此如何在符合國際勞動基準，卻又的同時兼顧雇主、勞工、被照護者三方利益的情況下賦予外籍家事勞動者勞動權益的保障，就值得深入討論。本文將從政策面的引進制度出發，參考國外之勞工輸入制度，並審視現行制度有何缺失及是否有需調整之處。法制面上，本文從本勞、外勞薪資應否脫鉤之議題出發擴大到整個勞動權益的保障應否區分，本文先介紹與外籍勞工有關之國際公約，次檢視我國現行法對外籍勞工勞動權益保障之規定，最後就實務與理論之差異為文分析。緊接就個別勞動權益之爭議問題作探討，就家事勞動者工作型態特殊性較為相關的工時、例假、有薪休假、工資、加班費及性別歧視爭議問題做討論。該部分將以我國現行法之規定並參酌外國立法例之作法，並於文末就上述勞動權益的問題建議未來我國立法可行之方向。
並列摘要
The aim of the thesis is to expect that domestic workers can win more respect on their work and to protect their own labor rights by law.At the beginning of 1990, foreign domestic workers immigrate to Taiwan for work allowed by government. Until now, demand of foreign domestic workers in our society is still increasing. However, these workers’ labor right doesn’t been protected by labor law. Though, how to fit in with international labor standard and also make employer、employee and patient’s right can be ensured is worth to discuss. At the beginning of this thesis, we will talk about the institution of labor immigration refer to institution of other countries and to compare which one is suitable for our country. As following, the controversy on the issue of labor right will be discussed. The thesis will focus on issues of working time, rest time, official holiday, annual leave, overtime pay and sexual discrimination. For sexual discrimination, author will discuss the problem of pregnant discrimination as the case of this issue. It will also be analyzed if it is reasonable that employer lay the pregnant employee off or employer shall offer another position for the pregnant employee. Finally, the author will list all issues to sum up his opinion and bring up some suggestion for the legislation in the future.