勞動調解程序析論──與日本勞動審判法之比較

An Analysis of Labor Mediation Procedures: Comparison with the Labor Trial Act in Japan

考量到近年來有不少的勞資爭議案件無法以勞資爭議處理法所規定之調解程序解決，當事人復未提起訴訟尋求救濟之狀況，以及現行民事訴訟法中之架構也不利於勞工提起訴訟，立法院在2018年11月通過了勞動事件法並於2020年元旦開始施行，以求達成妥適、專業、迅速、有效、平等處理勞動事件之效果。其中，尤以第二章所規定的勞動調解程序為其焦點。由於此制度係以日本在2006年所施行的勞動審判法作為藍本，是以本文在解析了日本之勞動審判制度後，再依序檢視我國勞動調解之範圍、管轄與勞動調解程序之主體、開始、進行、終結以及其與訴訟程序之關聯，並與日本法之經驗相對照，以對勞動調解程序有完整的認識，並得作為施行後之參考。

In recent years, a large number of cases highlight the issue that certain parties (in the case of labor-management disputes) are unable to obtain solutions through the mediation exercised by the Settlement of Labor-Management Dispute Act. It is also observed that these parties do not subsequently file a lawsuit as the current Code of Civil Procedure is not conducive to labor litigation. Hence, the Legislative Yuan in Taiwan passed the Labor Litigation Act in November, 2018, and enforced such Act on January 1st, 2020 in order to achieve a proper, professional, prompt, effective, and equal settlement of labor incidents in a timely manner. Particularly, this article mainly focuses on the Chapter II of the Mediation specified in the Act. Since the system is based on the Labor Trial Act implemented in 2006 in Japan, this article first analyzes the labor trial system in Japan; then examines issues essential to the labor mediation such as the scope, procedural jurisdictions, the subject, initiation, termination, and its relations to relevant litigation proceedings in Taiwan. Furthermore, this article compares the Act with the legislative case studies in Japan in order to provide a more comprehensive understanding of the labor mediation processes that accordingly can be used as a future reference after its implementation.