建構現代電傳勞動之合理監督模式

Constructing a Reasonable Supervision Model for Modern Telework

Covid-19疫情爆發後，各國皆採用遠距或分流上班模式以資因應，而產生與傳統居家工作不同之新型態之遠距工作，其利用高科技設備監控勞工勞務給付，已造成諸多勞權衝擊，其中包含個別勞動法之隱私權、工資工時計算或不當工作績效評定等，甚至擴張至集體勞動法，削弱工會力量，國內外專家學者對此多有批評。
然而，隨著科技發展，往後遠距工作模式持續變革已成必然，本文直面科技監控帶來之衝擊，探究監控技術對於勞工所生之影響、監控手段對勞雇雙方之必要性、研究監控手段之合理性，參考國外疫情期間案例，衡酌我國法治與社會現況，劃定現代電傳勞動之合理監督模式。

Following the outbreak of the Covid-19 pandemic, countries worldwide adopted remote or split-shift work models as a response. This gave rise to a new form of remote work, distinct from traditional telecommuting, which utilizes high-tech equipment to monitor labor performance. This shift has caused significant impacts on labor rights, including issues related to individual labor laws such as privacy rights, the calculation of wages and working hours, and improper performance evaluations. These impacts have even extended to collective labor laws, potentially weakening the power of labor unions, drawing criticism from domestic and international experts and scholars.
However, with the advancement of technology, the continued transformation of remote work models is inevitable. This article directly addresses the impacts brought about by technological surveillance, exploring the effects of monitoring technologies on workers, the necessity of monitoring measures for both employers and employees, and the reasonableness of such measures. By referencing cases from abroad during the pandemic and weighing the current legal and social conditions in Taiwan, this article aims to delineate a reasonable supervision model for modern telework.