The Research of Civil Servants’ Understanding and Participation in Civil Servants Association
Date Issued
2007
Date
2007
Author(s)
Chiang, Chao-Ying
DOI
zh-TW
Abstract
Civil servants have long been expected by the public to carry out their duties in a perfect manner. In Taiwan, it seems that civil servants have impeded the progress of this country after the Democratic Progressive Party became the ruling party in 2000. The civil servants had not achieved a lot for a long time, as their rights and interests had not been well protected under relevant laws and regulations. Under Article 4 of the Labor Union Law, civil servants are not entitled to set up a labor union. There have been significant changes in the relationships between the civil servants and the state. At present, the Parliament has improved the relevant legal regime to guarantee the rights of civil servants. The newly enacted Civil Servants’ Association Law grants association right to the civil servants. Traditionally, civil servants did not enjoy the fundamental rights provided by general labor laws. The right to organize is the window for civil servants to establish their own associations.
In order to be more democratic, the government in Taiwan agrees that civil servants are entitled for association right. The civil servants believe that the right to organize must help them set up their associations. Nonetheless, owing to the limitations seen in the relevant legal rules, the civil servants’ associations have to some extent become organizations for entertainment purposes. This study analyzes the restrictiveness of these rules, focusing on, for example, the status of the civil servants’ association, the structure of the association, entry requirements, the limitations on its activities, the internal management, and budget matters.
As to the present situation of civil servants’ associations, the rate of setting up such organizations is low and they have not functioned very well. This is absolutely not what civil servants have expected. Imperfect legal regime constitutes only one factor that has resulted in the current problem. Other factors, which concern the political realities, economic influences, social forces, and cultural impacts in Taiwan, have also kept the civil servants away from the associations. The government should treat the civil servants’ association right in a positive manner, the best way to improve the development of the associations. In addition, in a democratic society, it is definitely necessary for the associations to obtain the recognition from the public. As far as sustainable development of the associations is concerned, civil servants must pay more attention to public affairs to increase their civil awareness. This is a way to win the firm support of the general public. Members of these associations should also participate more often in professional training workshops and have more interactions with interest groups. To analyze the enforcement of Civil Servants’ Association Law, this dissertation has also examined how the civil servants in National Science Council and Taipei County Government understand this law and how they participate in the local association in the region.
Subjects
公務人員
團結權
團體協商權
爭議權
Civil servants
Labor Union Law
Civil Servants’ Association Law
right to organize
right of collective bargaining
right to dispute
Type
thesis
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