勞資會議對勞資關係影響之初探 -以銀行業為例

由於經濟發展全球化，使得勞資關係面臨了新的轉變與挑戰，遂逐漸走向合作夥伴關係之路，希望藉由勞工直接或間接地參與本身權益之各項企業決策，促使組織決策與勞工待遇合理化。勞資會議即是體現勞工參與制度的機制之一。所謂勞資會議是「為了協調勞資關係、促進勞資合作、並防範各類勞工問題於未然，所制定的一種勞資協商制度。其基本精神，在鼓勵勞資間自願性的協商與合作，藉以增進企業內勞資雙方的溝通，減少對立衝突，使雙方凝聚共識，進而匯集眾人的智慧與潛能，共同為執行決議而努力」。因此，理想的勞資會議是勞資雙方處於平等的立場，針對勞動條件與福利事項等，達成共識，促使勞工在職場中，能夠自我實現，進而回饋到企業組織，最終達成和諧的勞資關係、增進勞資合作與促成勞資雙方之共榮共存。我國勞資會議，最早可追溯自1929年訂定之工廠法，但很可惜並未實施，於1984年制定《勞動基準法》，明訂事業單位應舉辦勞資會議，另有《勞資會議實施辦法》作為法源依據。惟法律位階僅為行政命令，且淪為會議形式之規範，內容結構過於鬆散不夠周全，造成勞資會議未能發揮其應有之功能，與原本欲提升勞工福祉之期待，產生極大落差。本研究從訪談4家銀行企業工會幹部，發現勞資會議之執行及運作，已陸續步上軌道，因增進勞資雙方正式溝通管道，讓勞工得以發聲，減少勞資間對立衝突，再加上有工會監督把關，促使資方更加重視勞資會議，對於勞資關係亦產生正面影響。然勞資會議實施近40年，尚有諸多缺失，有賴勞、資、政三方之共同努力，才能順利改善。建議可從提升勞資會議之法律位階、發展工會組織與積極推動工會會務、落實勞資會議之決議事項、加強宣導及辦理勞資會議培訓課程、強化勞資會議之功能及建立雇主正確之勞動法令觀念等方面著手，以作為精進勞資會議法制化之參考。

關鍵字

勞資會議；團體協商；勞工參與；勞資關係

並列摘要

Due to the globalization of economic development, labor relations have also faced new changes and challenges. Therefore, they have begun to gradually move towards a cooperative partnership. It is hoped that through the labor participation system, laborers will be able to participate in corporate decision-making on issues related to their rights and interests directly or indirectly and promote the rationalization of organizational decision-making and labor treatment. The labor-management conference is one of the mechanisms that represent the labor participation system. The labor-management conference is a consultation system to coordinate labor-management relations and prevented various Labor and Employer conflicts from happening. Communication can reduce confrontations and conflicts between labor and management, so that both parties can build consensus, and then bring together the intelligence and potential of everyone to work together to implement the resolution. Therefore, an ideal labor-management conference is where both parties are on an equal footing, reach a certain agreement on relevant labor conditions and welfare matters, and achieve a harmonious labor-management relationship so that workers can achieve self-realization in the workplace and contribute to the enterprise organization. This mechanism also helps increase labor-management cooperation and promotes co-prosperity and co-existence between labor and management. The labor-management conference can be traced back to the Factory Law in 1929. Unfortunately, it has not been implemented. After 1984 when Labor Standards Law was put into practiced, it was finally stipulated in Article 83 that all kinds of institutions should hold a labor-management conference. The "Implementation Measures for Labor-Management Meetings" serves as the legal basis for labor-management meetings. However, this measure is only an executive order, and its implementation has no substantive impact. There is a big gap between the reality and the main core values of the labor participation system which was originally expected to effectively improve the well-being of the labor force. After interviewing union cadres of the four banks, this study found that the implementation and operation of labor-management conferences have been on track one after another. Holding labor-management conferences by law enhances the formal communication channels between labor and management, allowing labor to speak out, reducing conflicts between labor and management, and the existence of trade unions. Supervision and checks have prompted employers to pay more attention to labor-management conferences, which also positively impacted labor relations. However, there are still many deficiencies in the labor-management conference. Effectively implementing the labor-management conference, depends on the joint efforts of the labor side, the management side, and the government. It is recommended to raise the legal status of labor-management conferences, develop trade union organizations and actively promote union affairs, implement the resolutions of labor-management conferences, strengthen publicity and conduct labor-management conferences training courses, strengthen the functions of labor-management conferences, and assist employers of correct knowledge of labor laws and regulations.