各國於合法罷工之界定與行使程序──比較美國與歐盟

The Definition and Procedures of Legal Strikes in Various Countries: Comparing the United States and the European Union

在我國民生觀念逐漸開放之情況下，於勞資關係衍生之罷工等勞資爭議亦將是隨之而來的挑戰，雖謂法規因應時局之訂定，係為防範於未然，觀我國現今勞動法制加強於調解類型之法規修正，或訂定如《勞動事件法》之特別法以及成立勞動法庭等進行法規分門別類與程序處理，然我國勞工罷工之案件仍層出不窮。
因此本文針對整理較具經驗與歷程之先進國家，諸如美國、歐盟重要經濟體的德國與法國，其各自在罷工事件發生或罷工處理案例，所建立的法規或制度，分析各自於合法罷工之界定，以及正當之行使程序，並進而列舉其罷工相關之特殊規範。分析這些國家的法規及政策，將有助於我國推動合法罷工之界定標準和其正當行使之程序，亦可有助於我國勞資雙方在權利爭議時獲得有效之解決方案。

Under the situation that the concept of people’s livelihood in our country is gradually opening up, labor disputes such as strikes in the extension of labor relations will also be challenges that follow. Although it is said that the regulations are formulated in response to the current situation, it is to prevent problems before they happen. Looking at the current labor legal system in our country Strengthen mediation-type legal amendments, or formulate special laws such as the“Labor Incident Law”and establish labor courts to classify and procedurally deal with regulations. However, cases of labor strikes in our country still emerge in endlessly.
Therefore, this article analyzes the laws and systems established by advanced countries with more experience and history, such as the United States, Germany and France, which are important economies of the European Union, in the occurrence of strikes or strike handling cases, and analyzes the definition of legal strikes, as well as the proper exercise procedures, and further enumerate the special norms related to strikes. Analyzing the laws and policies of these countries will help my country to promote the definition of legal strikes and the procedures for its proper exercise, and help both labor and capital in our country to find solutions to the disputed rights.