English  |  正體中文  |  简体中文  |  Items with full text/Total items : 67783/67783 (100%)
Visitors : 23072301      Online Users : 415
RC Version 7.0 © Powered By DSPACE, MIT. Enhanced by NTU Library IR team.
Scope Tips:
  • please add "double quotation mark" for query phrases to get precise results
  • please goto advance search for comprehansive author search
  • Adv. Search
    HomeLoginUploadHelpAboutAdminister Goto mobile version

    Please use this identifier to cite or link to this item: http://ir.lib.ncu.edu.tw/handle/987654321/77338

    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
    Contributors: 產業經濟研究所
    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
    Date: 2018-07-09
    Issue Date: 2018-08-31 14:33:56 (UTC+8)
    Publisher: 國立中央大學
    Abstract: 自18世紀工業革命開始,出現資本家與勞工階級觀念,由於資本家掌握了財富及生產工具而為勞資關係之主導,不論是簽訂勞動契約或政府制定政策及法律時,資方都具重要的發言權及影響力,使勞資關係處於不對等之狀態。19世紀勞工意識興起後,各國開始致力於對勞工權益之保障,包含立專法、社會保險等方式,我國亦追隨國際立法潮流,制定相關立法及政策並以勞動基準法最為重要。
    ;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

    Files in This Item:

    File Description SizeFormat

    All items in NCUIR are protected by copyright, with all rights reserved.

    社群 sharing

    ::: Copyright National Central University. | 國立中央大學圖書館版權所有 | 收藏本站 | 設為首頁 | 最佳瀏覽畫面: 1024*768 | 建站日期:8-24-2009 :::
    DSpace Software Copyright © 2002-2004  MIT &  Hewlett-Packard  /   Enhanced by   NTU Library IR team Copyright ©   - Feedback  - 隱私權政策聲明