日本電傳勞動實務爭議問題之研究

Research on Practice Disputed Issues of Tel-Work in Japanese

電傳勞動之工作形態早於1990年代即已出現，其雖然具有提高生產力、促進生活與工作平衡、降低經營成本、提高企業對於災害等事變之應變能力等優點，惟過去並未能夠普及於日本及台灣。受到新冠肺炎（Covids-19）疫情之影響，日本自2020年起開始有較多企業採用電傳動，特別是在家工作型電傳勞動作為因應疫情之手段，也因此產生許多勞動法上之爭議。例如，工時管理與認定爭議、工作效率可能變差、不易評價工作表現、工作與生活難以區隔等。台灣於2021年同樣因為新冠肺炎疫情而促使部分企業開始採取電傳勞動，也出現在家工作命令權、勞工工時管理、職業災害認定、績效考核等爭議問題。本文以為，現階段台灣暫無制定電傳勞動專法之急迫需要，但是雇主若欲持續實施在家工作型電傳勞動，務必在工作規則或勞動契約中增加相關條款，以減少實際採用電傳勞動時所可能發生之爭議。

The work form of telework has appeared as early as the 1990s. Although it has the advantages of increasing productivity, promoting life and work balance, reducing operating costs, and improving the ability of enterprises to respond to disasters and other events, it has not been popularized in Japan in the past, also not in Taiwan. Affected by the Covids-19 pandemic, since 2020, many companies in Japan have adopted electric drives, especially working from home telework as a means of responding to the pandemic, which has resulted in many labor law disputes. For example, disputes over management and identification of working hours, work efficiency may deteriorate, work performance is not easy to evaluate, work and life are difficult to distinguish, etc. In 2021, due to the Covids-19 epidemic, Taiwan also prompted some companies to adopt telework. Controversial issues such as the right to work at home, management of working hours, identification of occupational disasters, and performance appraisal also emerged. This article believes that Taiwan may not have the urgent need to formulate a telework law at this stage, but if employers want to continue to implement telework at home, they must add relevant clauses in the work rules or labor contract to reduce the actual use of telex. Disputes that may occur during labor.