台中市私立幼兒園勞資爭議判決之實務分析

私立幼兒園的勞資爭議，幾乎都是肇因於園方及教保人員對勞動契約的認知不一致，無論是對於勞動契約的成立與終止、工時及加班費的計算、勞動條件等的構成要件，都反應出私立幼兒園特有的生態，及工作性質，舉凡中午午休兩小時算不算工時、夜間及假日加班費如何計算、代為餵藥有沒有違法、薪資回捐等，以及許多工作生態現象，都容易讓教保人員以及幼兒園園方產生是否合理合法疑慮，在在都是勞資爭議的導火線。本研究透過描述三個私立幼兒園勞資爭議的法院判決，將發生在私立幼兒園勞資爭議部分生態呈現在讀者面前，並且描述相關的爭點如何發生，當事人雙方的主張，以及法院的判決為何，讓有興趣的讀者，能夠更加了解私立幼兒園相關生態。

關鍵字

勞資爭議；勞動契約；損害賠償；雇傭關係

並列摘要

Labor dispute is a form of labor contract termination by the employer, which is the most severe measure taken by an employer for reasons of the employee. In Taiwan, the action of firing employees is mainly based on the provisions of the Labor Standard Act. This paper discusses the labor dispute in Taichung private kindergartens based on practical insights and court Taichung district court judgment cases., and finds out the common labor dispute of each provision for the source of the law in reality. After the practical case analysis and induction, this paper describes the labor dispute In Taichung private kindergartens.However, there still seems to be deficiencies in the right of offering an explanation and the provision of appeal channels before the labor dispute of employees. This paper argued that the right of offering an explanation and the provision of appeal channels can avoid lawsuits of labor disputes, which can serve as a direction for future efforts. The controversy of “absenteeism” in case1 between the employer and the employee, such as work transfer, leave disputes and the recovery of working hours. Therefore, as for common labor dispute, through the analysis of practical cases and court judgments, this paper establishes the systematic and general judgment standard and provides reference for employers while carrying out the dismissal based on accumulated court judgments. In addition, the Principle of the Final Means of judging whether labor dispute is reasonable tends to be gradually valued in practice. Since this principle lacks general usage standards in the case of this paper, it is still necessary to establish the judgment standard in the future.