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|Title: ||論勞工工資債權於我國破產法上之清償順位 ─兼論美、德、日破產法制之比較;Employee′s wage claims in bankruptcy Act and comparing with the Bankruptcy Laws in Taiwan and in the United States, Japan and Germany|
|Authors: ||羅嵐;Lo, Lan|
|Keywords: ||破產法;債務清理法草案;勞動基準法;勞工工資債權;Wage Claim;Overdue wage;Business Bankruptcy;Priority|
|Issue Date: ||2018-08-31 14:33:56 (UTC+8)|
;Since the industrial revolution has begun in the 18th century, the concept of the capitalists and the labors emerged. The capitalists are dominant in labor relations, because of wealth and production tools. After the rise of labor consciousness in the 19th century, countries began to protect their labor’s rights by legislation, social insurance, and other methods. Taiwan has also followed the trend and formulated relevant legislation and policies, and Labor Standards Act is the most important of all.
However, in recent years, due to the economic downturn, the companies have experienced mismanagement or even forced into bankruptcy. Most companies have some mortgages, and when the debtor paid off mortgages and procedural fees, there was very little left, and it was almost impossible to pay all the overdue wage claims and other debts, that was the reason why many labors want to protest themselves. Considering the protection of the rights of labor by the Constitution, most scholars advocate that priority should be given to the labor wage claims.
Consider the long-term economic development, if wage claims were given priority over mortgages, it will reduce banks’ willingness to lend money to other companies or persons, blocking the financing channels and ceasing the economic development.
Compared to International legislation, Taiwan’s labor protection policy is overprotected. Other than that, the policy is also insufficient. So there is room for improvement; we should protect employees by providing related statutes in Labor Standards Act and Bankruptcy Act simultaneously. In the case of the sequences between wage claims and mortgages, there are three suggestions worthy considering to carry out. First, the method of classifying wage claims from different types of labors. Second, reducing the excessive protection of labor wage claim step by step. Third, the government should supply other complete social insurance or social policies to truly ensure that the labors can be passed on to the relevant risks and to obtain the overdue wage as much as possible he or she can. From all of these suggestions, I think the labor will be protected more properly.
|Appears in Collections:||[產業經濟研究所] 博碩士論文|
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