行政法院裁判之評析─就業服務法實務與行政法院裁判之評析
Other Title
Study on Employment Service Act:
Practice and Administrative Court Decisions
Practice and Administrative Court Decisions
Date Issued
1998
Date
1998
Author(s)
黃昭元
DOI
872414H002022H5
Abstract
This is a sub-project under the two-year
comprehensive research project "Study on
Decisions of Administrative Court." A total
of 17 decisions rendered by the
Administrative Court and 28 cases decided
by the Equal Employment Opportunity
Commission (EEOC) of the Taipei City
government are analyzed and reviewed in
details. This project focuses on two main
issues most often seen in enforcement of
Employment Service Act: "employment
discrimination" and "regulation of foreign
labors." We divide the above cases into
four subjects: (1) sexual harassment, (2)
pregnancy discrimination, (3) marriage
discrimination and (4) regulation of foreign
labors.
This project finds that both the
administration and court consider all first
three types of employment practices above
one form or another of employment
discrimination based on or because of "sex,"
obviously unjustified under and forbidden by
Section 5 of the Employment Service Act
(ESA). However, the consequent liability
imposed on the employers by section 62 of
the ESA seems too lenient, as indicated by
many cases. Also, the tests used by the
EEOC and court to determine or categorize
different types of sexual discrimination at the
workplace are still either too vague or
overbroad, and need to be further formulated.
As to those cases involving regulation of
foreign labors, this project finds many
decisions of the Administrative Court
contravene with each other, on interpretation
of sections 53 and 54 of the ESA. Such an
inconsistency among court decisions should
be solved as soon as possible. Above all,
the current practice of "violation--revoking
work permits--immediate repatriation," as
prescribed by the ESA, proves too harsh for
many foreign labors. This project strongly
suggests that relevant statutory provisions be
thoroughly and timely revised.
Subjects
Employment Service Act
employment discrimination
sexual
harassment
harassment
pregnancy discrimination
marriage clause
foreign labors
work permits
administrative court
administrative appeal
decisions
decisions
Publisher
臺北市：國立臺灣大學法律學系暨研究所
Type
report
File(s)![Thumbnail Image]()
Loading...
Name
872414H002022H5.pdf
Size
29.02 KB
Format
Adobe PDF
Checksum
(MD5):9b83ad705d072d58bfd5a2d9d4a79192