從臺鐵產業工會依法休假懲處案談三個勞動人權問題

On Three Disputes Concerning Workers’ Rights: 2017 Campaign of the Taiwan Railway Union

為了抗議臺灣鐵路管理局不合理的工時制度，臺灣鐵路產業工會於2017年的農曆年假期發動「依法休假」，但卻遭致臺鐵當局的大規模懲處。本文以此次懲處案為基礎，討論勞工同意權、意見表達以及基層公務人員被迫服從錯誤政策的人權問題，藉以說明勞工在與資方協商時所處的弱勢處境。

During the 2017 Lunar New Year vacation, the Taiwan Railway Union initiated a “take a vacation legally” campaign to protest against the unreasonable working hours set by the Taiwan Railways Administration. However, many protestors were punished by the Administration. Based on this case, this essay explains the difficult situation the laborers faced by discussing the issues regarding their rights to agree and to express their opinion as well as their forced obedience to wrongful policies.