勞動檢查制度於大眾傳播業之適用性探討

近年來，我國加強勞動檢查力度，增加檢查員人力，增加檢查場次，向來被認為勞動條件不佳的大眾傳播業也成為重點檢查產業，檢查結果的違規率高，勞工處境隨之成為關注焦點，勞動檢查似將成為提升大傳業勞權的利器。然而，地方勞動主管機關欲將檢查結果提供給國家通訊傳播委員會，將勞動條件改善狀況納入審照相關機制中，使得勞動檢查不僅涉及一般勞工之勞動權保障，同時還可能觸及業者之經營權益，甚至成為政府管控媒體的手段。有鑑於此，本研究將探討幾個問題：（一）勞動檢查做為政府管制雇主、保障勞工權益的手段，整體執行現況與待改善的問題為何？（二）大眾傳播業之產業特性與勞動法令之保障及勞動檢查制度之運作是否相容？（三）勞動檢查制度是否能成為管制大眾傳播產業的手段？本研究統整近年來重要勞動法令的變化及對於勞動檢查產生之影響，並統計大眾傳播業最常違反的勞動條件與職業安全衛生規定，檢視近十年勞動檢查相關判決與訴願歸納常見爭議事項，並訪談勞動檢查員與大眾傳播從業人員，以深入了解勞動檢查制度與產業運作概況。研究發現勞動檢查看似有助於提升大傳勞工的勞動處境，卻有其限制：部分法令的適用性仍有爭議，一些雇主的投機手段削弱檢查成效，政治力亦可能藉由勞動檢查入侵媒體運作，因此建議完善檢查判斷標準，擴大使用陪檢、陪鑑機制，同時增加大傳業成立工會的誘因，降低設立門檻，建立產業內部自律機制，隨著自律的逐步建構，即應同步淡化外部勞動檢查力量。

關鍵字

勞動檢查；勞動條件；職業安全衛生；媒體管制

並列摘要

In recent years, Taiwan has strengthened the labor inspection efforts, increased the manpower of inspectors, and raised the number of the inspections. The mass media industry, which has been considered poor labor conditions, has become priority industry to be monitored and audited. With the high rate of violation of the inspection results, the working situation has attracted great concern of the society. Labor inspection seems to be a sharp weapon to enhance labor rights in mass media industry. However, the local labor authority intended to provide the inspection results to the National Communications Commission, and suggested incorporating the work condition improvement into the processing applications for licenses. In that case, the labor inspection not only protects the labor rights, but may also affect the operating rights. It is likely to become a means for the government to control the media. Therefore, the purpose of this study is to investigate these issues: (1) As a means for the government to regulate employers and protect the rights and interests of workers, what is the overall implementation status of the labor inspection and what are the problems to be improved? (2) Is the industrial characteristics of mass media compatible with the labor laws and the labor inspection system? (3) Is it appropriate that the labor inspection system become a means to regulate the mass media industry? This study summarizes the changes of important labor laws and the impact of those changes on the labor inspection in the past few years, shows the statistics of the most common violations of labor conditions and occupational safety and health regulations in the mass media industry, and reviews the judgments and administrative appeal decisions related to the labor inspection over the past ten years to brief about common disputes. In addition, through in-depth interviews with labour inspectors and media workers, this study gains a deeper understanding of the labor inspection system and the mass media industry operation. According to the research results, it is found that the labor inspection system seems to help improve the labor situation of media workers, but there are some limitations. First, the applicability of some laws is still in dispute. Second, some employers cheat rather than improve the labor conditions, that weakens inspection effectiveness. Third, political power probably intervenes in media operation through labor inspection. The suggestion of this study is that the government should clarify the judgment standards for the inspection, implement the joint inspection and assessment more often, increase incentives to establish media unions and lower the thresholds for establishing unions.As the self-regulatory mechanism is constructed, the intensity of labor inspection could be reduced.