在疫情敲磚之下，「僱用安定措施」仍未能應門？！──以我國減班休息之薪資補貼制度為核心

Employment Stability Measures for the Insured Are Ineffective against Effects of Coronavirus Pandemic: Taiwan’s Salary Subsidy System as the Core When Companies Reduce Working Hours

就業保險促進就業實施辦法之「僱用安定措施」為我國作為企業面臨「無薪休假」實施減班休息時，對勞工減少工資給予薪資差額補貼之制度。然本措施自二○一○年公布施行迄今已逾十餘年，即使在新冠疫情衝擊勞動市場致企業實施無薪休假之家數寫下歷史新高，仍未能啟動，本文認為其因在於兩大定位問題，第一，僱用安定措施並非作為常態性制度；以及第二，本制度之啟動係以整體經濟嚴峻為指標，並非以受無薪休假影響之勞工及減少工資所呈狀態為核心，故本文呼籲應將僱用安定措施作為實施無薪休假時補貼工資之常態性制度，並於文中提出修正建議，以因應在我國勞動市場中已非偶見之無薪休假現象，對受到外在嚴重不景氣衝擊而同意減班休息之勞工，得暫時獲得薪資差額補貼並避免解僱。

The Employment Stability Measures for the Insured in the Employment Insurance and Employment Promotion Enforcement Regulations subsidize workers for their reduced salary due to unpaid leave and reduced working hours implemented by companies in Taiwan. The measures have been in effect for more than 10 years since 2010. However, although the COVID-19 pandemic affected the labor market and caused a record number of companies to implement unpaid leave, the measures were not enforced. This paper argues that the reason involves two positioning problems. The first was that the Employment Stability Measures for the Insured were not a normal system, and the second was that the severity of the overall economy— rather than the number of workers affected by unpaid leave and reduced salary—was used as the index to determine whether to enforce the measures. Therefore, the Employment Stability Measures for the Insured should be a normal system that subsidizes salaries when unpaid leave is implemented. Since unpaid leave is common in Taiwan’s labor market, this paper also proposes suggestions for modifications to the measures to help workers affected by changes in the economy to agree to having their working hours reduced, or receive temporary salary subsidies to avoid dismissal.