Author: Hu Boyi

Evergreen airfront strikes have entered the 12th day.According to media reports, some flight attendants have tried to retrieve their personal documents and return to their jobs. At the same time, the number of people paying the certificate to the trade union and participating strikes has exceeded 2,300 people.

Different from the strike of the Chinese Airlines aircraft in China three years ago, and this year's China Airlines pilot strike, this is the first time that it has happened in a private company's strike.In addition, compared to China Airlines, the relationship between the trade union and the company, the attitude of Evergreen Company is significantly tougher.

Does the union ask for labor directors to violate the law?

One of the focus of this strike is to set up labor directors. Article 35 of the State -owned Institutional Management Law stipulates that public shares of state -owned enterprises should have representatives of union recommendation, so most state -owned companies have set up labor directors.Before the last strike, China Airlines had also had labor directors, so this was not a key issue for the last strike.

But for private companies, setting up labor directors means that the process of making workers participate in company decision -making is very difficult to imagine among general private companies.Moreover, Evergreen is called a conservative family business by the outside world, and it is even more outsiders to enter the board of directors.

Evergreen managers and labor have different positions on setting up labor directors, which should start with the strike process.According to the current labor dispute dispute handling law, the strike actually has very strict conditions.

First of all, the reason for strike must be adjusted for labor conditions.In other words, if the dispute comes from laws and regulations, group contracts and other documents, the rights given to workers cannot strike.Because these are the treatment of the employees to the labor in accordance with the law, and ensuring these conditions is the responsibility of the administrative organs. Of course, there will be administrative penalties if they are not observed.

The Evergreenan party believes that the labor party has nothing to do with labor directors, so it should not be the reason for strike.Obviously, Evergreen believes that the labor conditions can only be traditional wages, working hours, etc. In this regard, many labor law scholars have denied Evergreen's views. When the legislator asked the Minister of Labor Xu Mingchun a few days ago, the minister was willing to be legal.

The demands for the establishment of labor directors emphasize that the labor (trade union) participating in the company's operation and operation and the democratization of corporate governance. It is hoped that the company can take into account the interests of labor in terms of business guidelines and management measures.Although the current law is not stipulated, it is not prohibited.The reason why the company cannot guarantee that labor directors is because the company's directors are selected, so unless the big shareholders are supported, it is difficult to have the selection of labor directors; unless the company signs the group contract with the trade union, allowing the company to promote labor directors to promote labor directorsSet up as a group cooperation content.

Next, the strike process must be mediate first. After the mediation cannot be achieved, it is not submitted to the union members to vote. The trade union must vote directly and unknown, and can strike through more than half of all members.Therefore, a dispute between labor and capital disputes takes a long time from the beginning to actual strike.

The organization rate of the trade union is low, and the Taiwanese have no sense of legal strike

In fact, some occupations cannot strike, or they must first agree on the necessary service clauses by the Labor and capital, such as hospital employees.However, from the perspective of Germany, the services provided by this necessary service must be very inconvenient in the eyes of Taiwanese who are accustomed to enjoying convenience.

In addition, the organizational rate of Taiwan trade unions is very low. Only fifteen percent of the workers join the corporate union, and most of the professional unions have the function of handling labor and health insurance.These data reflect that Taiwanese workers still have no concept or no sense of the use of laws to fight for rights.

On the whole, strikes are very rare in Taiwan, so the strike news we see is mostly foreign news. For example, some European companies may strike several times a year.But for Taiwanese, strike is an unimaginable thing. Our endurance is very high. We always have to reach a critical point to erupt.

Therefore, these workers who actively participated in strikes, even with great pressure on the psychological level, are willing to take the strike at the danger of liquidation, because they believe that if they do not take more intense means, there is no way to solve the problem.

Taiwan's labor -employed relationship is not equal, strike is a means of fighting the party against the capital

The prediction of the strike on the strike of the Chinese Airlines pilot's strike last time was also returned to the rivers and lakes this time.In fact, as early as a month ago, the trade union passed voting according to the law, which means that it is possible to strike anytime, anywhere. Isn't this method a preview?After this, in addition to continuous negotiations, is there any problems such as manpower scheduling and passenger processing prepared early in early negotiations?This should actually be reviewed in depth.

The strike does have a certain degree of impact on the public. Especially if the strike industry is the public service industry, the preview can reduce the impact, but the preview will also reduce the impact of the strike on the investor, and it will even cause the pressure on the trade union or membership.It must be very cautious.

Taking the strike of the pilot union at the beginning of the year as an example, if the pilots previewed the first and secondary strikes on the first day of the year in January, even if they had already previewed it, everyone could not get the country, and even waste a Spring Festival holiday. Will the public be willing to accept it?As mentioned above, Taiwanese workers are still ignorant or indifferent to fighting for rights and interests. In the long run, in terms of labor -employed relations, the status of the management is still much higher than the labor.The triad rights such as strike rights are the means given to workers to fight against the capital by the law, and it is also a way for the state to set up labor -employed relations.

Therefore, if we must also stipulate more stringent strike conditions, it will inevitably make this labor relationship more unbalanced, and the government will also need to spend more effort to safeguard the power of labor.Assure.

Although Evergreen Airlines is a family -oriented company, it has already been listed and has a non -Zhang family shareholder.However, Taiwan ’s long -term corporate legal system still cannot implement the requirements of the separation of ownership and business rights in practice. This is also one of the fundamental issues that are difficult to resolve this strike. Source: United Daily