- 學位論文
我國就業保險法制之研究─兼論南韓法制
The Study on Employment Insurance Scheme in Taiwan─the Relevent Law in South Korea
摘要
失業現象為高度工業化國家不可避免之事實。而勞工因失業喪失所得，除造成個人生活困境外，經濟不安全亦會因人力資源閒置、生產力降低等，進而引發社會問題與不安。為解決失業問題，各國政府透過政策干預，最主要的方式即為實施就業(失業)保險制度，解決失業勞工失業期間最低生活安全的問題，保障其經濟安全，以維護其生存權。同時並配合健全勞動市場，建立就業服務與職業訓練制度，提升就業能力與技能，迅速調節勞動市場供需以因應市場技術變化，建立完善的就業安全體系。 同屬亞洲區、且於我國國情較相近之南韓，其就業保險制度自1995年7月實施，迄今已實施逾18年，且其中歷經1998年亞洲金融風暴，在東南亞國家中屬嚴重受創之國家，以致失業人口大幅增加、請領失業給付人數攀升，然透過相關的勞動變革措施及改善方案，有其實質成效。該制度係朝向「失業保險」與「就業促進」整合就業政策的趨勢，具有積極促進就業的功能。而成熟的就業保險制度亦使該國於2008年金融海嘯期間，受到較小之衝擊。 本文針對我國就業保險法制中之爭議問題進行探討與評價，並以ILO就業保險相關國際規範為準則，檢視我國之規範內容，包含被保障對象及範圍、領取給付的資格條件及認定方式、失業給付之給付水準、期限與等待期相關規範等議題；並配合研究南韓就業保險制度，透過對該國制度的背景、內涵與經驗的瞭解與分析，再對我國就業安全法制體系提出相關討論與建議，以期對未來我國法制之改革有所助益。 目前我國就業保險法制存在相關爭議與問題：(一)適用對象：某些受僱者如受僱於微型廠場、外籍勞工及自營作業者等仍未受到保障。(二)給付資格：如失業給付之給付條件、拒絕給付之除外條款或其他除外規定仍未臻完善。(三)與資遣費制度之相關討論：長期以來資遣費與失業給付是否應並存之爭論不斷，然二者本質不同，不宜混淆，故無重複性問題。(四)育嬰留職停薪津貼：我國立法者將育嬰留職停薪津貼定位為單純的所得中斷薪資補償，為處理受僱者就業與工作間之平衡措施，因此將其納入就業保險法之給付項目。(五)促進就業相關措施：除就業保險法之職業訓練生活津貼及提早就業獎助津貼，尚有《就業促進津貼實施辦法》之求職交通津貼、臨時工作津貼、職業訓練生活津貼、創業貸款利息補貼與就業推介媒合津貼；以及《就業保險促進就業實施辦法》之僱用安定措施、僱用獎助措施以及其他促進就業措施如跨域就業津貼等。 南韓就業保險法包含失業給付、就業安定方案、職能發展方案與母性保護給付四大方面，為一將社會安全與勞動市場政策結合的制度，除透過失業給付給予失業者經濟上必要的援助，尚透過積極性的就業安定與職業能力發展方案，積極促進失業者的職業能力發展與再就業。 基於上述我國就業保險法制之問題與爭議，配合國際勞工公約以及南韓法制，本研究對於我國法制提出幾項建議：(一)擴大適用對象，允許外籍勞工加保，並刪除受僱於依法免辦登記且無統一發票購票證之雇主或機構之勞工排除適用之規定，此外，對於自營作業者與季節性工作者另行特別規範。(二)修正失業給付資格條件，增加正當理由而自願離職與拒絕推介就業及職訓之情形，並縮短等待期，調整給付期限等。(三)調整提早就業獎助津貼之金額，使失業勞工得以領取剩餘給付期間之全額給付，以強化鼓勵失業勞工迅速再就業之目的。(四)採取資遣費與失業給付相互抵償，避免資源重複分配。(五)於中央設置就業保險諮詢委員會，適時修正就業保險相關法令。
並列摘要
Unemployment is an inevitable phenomenon for most of highly industrialized countries. The loss of income due to unemployment will make unemployed workers’ life even harder. The economic insecurity will also result in idle labor force as well as poor productivity, and thus lead to social problems and unrest. In order to resolve unemployment issues, governments have adopted different policies. The most important way is to implement employment insurance schemes. The objective of employment insurance is to provide at least partial income replacement, enabling the unemployed to maintain minimum standard of living during unemployment and preserving their rights to subsistence. Employment insurance and active labor market policies should be better coordinated to enhance the employability and vocational skills through the establishment of employment services and vocational training systems. Therefore, establish and improve the employment security system to quickly adjust supply and demand in the labor market to cope with technological change. South Korea and Taiwan are both in Asia, and have similar national conditions. The Employment Insurance system was introduced in Korea on July, 1995, and so far has been implemented for over 18 years. During the Asian Financial Crisis in 1998, South Korea was severely influenced. At the time, it was hardest hit among the Southeast Asian countries. This leads to the sharp increase of unemployment rate and the number of application of unemployment benefit. With the reforms and improvement of the employment insurance scheme, and other related policies of labor market, the economic recovery quickly in South Korea. The trend of employment insurance scheme in Korea integrated "unemployment insurance" with "employment promotion" and has become a comprehensive employment policy. The mature employment insurance also helped the country to mitigate the impact of the global financial crisis in 2008. The purpose of this study is to get a closer understanding of the Employment Insurance Act of Taiwan, by comparing with the convention No.168 of ILO and employment insurance system of South Korea. Moreover, this research will review the normative content of the Employment Insurance Act of Taiwan, including insured people, coverage, qualifying conditions, waiting period, and duration of benefits, etc. By looking over Taiwan’s existing system and the experience of other countries, this research is expected to help future reform on the Employment Insurance Act of Taiwan. At present, there are some disputes and problems in Employment Insurance Act of Taiwan which list as the follows. (1)Coverage: Some employees who are employed in microbusiness, foreign workers and self-employed workers are not yet protected. (2)Eligibility for Benefits: The provision of qualifying conditions, disqualifications for benefit or other disqualification are not complete yet. (3)Discussion with severance pay: For a long time, whether severance pay and unemployment benefit should be both implement at the same time or not is been debated.However these two are essentially different and should not be confused, therefore, there is no overlap problem. (4)Childcare leave benefit: The childcare leave benefit is positioned as a simple income replacement when workers lost income due to their childcare leave in Taiwan. It is a measure to promote work-life balance, and be included in the Employment Insurance Act. (5)Measures to promote employment: In addition to the vocational training living allowances and the early reemployment incentives in the Employment Insurance Act, there are employment seeking transportation allowance, temporary job allowance, living allowance during vocational training, interest allowance for business creation loan and allowance for employment referral matchmaking in the Regulations for the Implementation of the Employment Promotion Allowances. And there are also employment stability measures, employment incentive measures and other employment promotion measures such as cross-area employment allowance in the Regulations for the Implementation of Employment Promotion of Employment Insurance. South Korea’s Employment Insurance Act is comprised of unemployment benefit, employment stabilization program, vocational skills development project and maternity protection benefits. It is a system combined with social security and labor market policies, which not only provides the necessary economic assistance to the unemployed through unemployment benefit but also promotes job skills development and reemployment for the unemployed through the active employment stabilization and vocational skills development programs. Finally, there are some suggestions for the Employment Insurance Act in Taiwan in this study. (1)The extension to the coverage: Allow foreign workers to join the employment insurance, and cancel the provision that excluded the workers employed by microbusiness. Moreover, there are specific specifications for self-employed and seasonal workers. (2)The modification of the qualifications for unemployment benefit: Extend the regulation on voluntary unemployment and the denial of employment service and vocational training that is with just cause. Besides, shorten the waiting period and adjust the duration of benefits. (3)Adjust the amount of the early reemployment incentive: Make the unemployed worker claim 100% of unpaid unemployment benefit as a lump sum early reemployment award, in order to strengthen the aim to encourage him to get reemployed rapidly. (4)Mutual compensation: Make severance pay and unemployment benefits compensate for each other to avoid repeatedly distribution of resource. (5)The setting of committee: To set up Employment Insurance Advisory Committee to timely amend employment insurance laws and regulations.