勞動基準法修法後對安置機構員工工作影響之探究－以山地育幼院為例

一例一休制度通過後引發諸多討論，對於兒少安置機構亦造成衝擊。兒少安置機構屬非營利組織的社福團體，不僅需24小時照顧孩童，更是全年無休的產業，類家庭式的照顧模式，隨時需要人力，但在工時的限制下，致使人力調度及排班困難，人力不足問題便立即浮現。除此以外，由於照顧的性質特殊，教保同仁有時很難準時下班，但礙於工時上限，卻需離開工作場域，也導致不斷換班及頻繁排班，可能失去對孩子「陪伴」之核心價值。另外，機構地處偏遠，通勤時間長、往返不易，工作時間安排也會造成影響；同仁間也會出現工作交接與院生教導的銜接問題，進而影響院生照顧品質。故一例一休制度施行後對機構之影響值得探討。本研究以員工角度來探討修法後對「排休規劃」、「工作協調與品質」、「人際關係」、「照顧品質」、「勞工權益」、「生活品質」及「機構認同」之影響，進而評析對整體的影響。期待藉此呈現機構在修法後所面臨的處境。本研究以無記名方法進行問卷調查，總共回收38份。結果歸納如下：1.「工作協調與品質」及「照顧品質」呈負面影響。2.「排休規劃」、「人際關係」、「勞工權益」、「生活品質」、「機構認同」呈正面影響。3.「整體而言，對班別的安排」呈正面影響。整體而言，從員工角度來看，一例一休的確帶來員工福利權益之增加及工作品質的改善，但是執行時，仍帶來一些困擾。事實上，行政院勞工委員會(現已改制勞動部)87年10月7日勞動二字第044756號公告社會福利服務機構之輔導員(含保育員、助理保育員)、監護工適用勞動基準法第84條之1，勞雇雙方另行約定工作時間、例假、休假、女性夜間工作，並報請當地主管機關核備後，可不受相關規範之限制，勞雇雙方之勞動條件係依約辦理。是以，一例一休制度之執行仍有彈性執行與修正的空間。

關鍵字

兒少安置機構；勞動基準法；一例一休

並列摘要

Adoption of the ＂five day work week＂ system has given rise to much discussion, and has also had an impact on resettlement agencies for children and toddlers. Child welfare agencies are classified as non-profit social welfare organizations. Not only does taking care of children require 24 hour per day dedication, but also dedication year-round. The family-like care model requires caretakers to be ready to meet the needs of children at any time. However, the imposed working hour limitations cause numerous difficulties in organizing working schedules. With these scheduling difficulties, a shortage of manpower immediately emerged. In addition, due to the unique nature of caretaking as a profession, it is sometimes difficult for carers to leave work on time. However, due to the upper limit placed on work hours, they are required to leave the work area. This also results in constant changes to working shifts for all caretakers. These frequent and irregular changes to schedule may leave children feeling alienated, damaging the important bonds they have established with their caretakers. In addition, our institution is remote, commuting time is long, making it an inconvenient commute. Work schedules are also impacted in this way; causing problems when coworkers are changing shifts, which in turn affects the quality of care for the children. Therefore, the impact on the organization after the implementation of a five day work week system is worth exploring. This study explores the impact of the amendments on the ＂discharge planning,＂＂work coordination and quality＂, ＂personal relations＂, ＂care quality＂, ＂labor rights＂, ＂quality of life＂, and ＂institutional approval＂ and then assesses the overall impact. It is hoped that this will clearly present the situation faced by the institution after the implementation of the amendment of the Labor Standards Act. This study conducted an anonymous questionnaire survey, and a total of 38 were submitted. The results are summarized as follows: 1. ＂Work coordination and quality＂ and ＂care quality＂ have been negatively impacted. 2. Positive impact was seen in ＂discharge planning,＂＂personal relations,＂＂labor rights,＂＂quality of life,＂ and ＂institutional approval.＂ 3. ＂Overall, the arrangement of classes＂ has seen a positive impact. On the whole, from the perspective of employees, the five day work week system does indeed bring about an improvement in the quality of the workforce's benefits. However, in its implementation, it still brings about some problems that need to be faced. In fact, the Labor Council of the Executive Yuan (now restructured as the Ministry of Labour) announced on October 7, 1987 Labor No. 044756 ＂Announcement on Social Welfare Service Counsellors＂ (including caretakers for children and assistant caretakers for children), and guardian workers Article 1 of Article 84: the employer and the employee agree on scheduling of working hours, vacation leave, vacation, and female night work, and can report to the local competent authority for verification. This may not be subject to the relevant regulations, and the labor conditions of the laborer and the employee shall be handled in accordance with the contract. Therefore, there is still room for flexibility in the implementation of a five day work week system.