對國際勞工組織第190號禁絕工作領域暴力與騷擾公約之評析

A Critical Analysis of the Violence and Harassment Convention Adopted by the International Labour Organization in 2019

本文之目的，是對國際勞工組織在二○一九年六月它成立百年之際，特別通過第190號禁絕工作領域暴力與騷擾公約做一詳盡之評析，除對它的制定背景、重要內容及可能產生之影響等，做一全面性之說明外，並探究它對我國建構一套雇主防治受僱者因執行職務遭受不法侵害，究應採取何種防範與因應措施所能提供之啟示。除序言與結語外，全文之內容共分四個部分：第一部分說明這些新興勞動問題之發展背景，以及運用傳統勞動法制加以因應所產生之困境。第二部分分析國際勞工組織早期推動規範職業安全衛生事項國際勞動基準之各項努力。第三部分探究它制定此一重要公約之背景與經過、重要條款之內容，以及對各會員國所可能產生之影響等。第四部分則比較它與歐洲聯盟在這方面努力之優劣得失，並討論它對我國建構相同制度所可能給予之啟示作用。

The purpose of this article is to make a critical analysis of the Violence and Harassment Convention adopted by the International Labour Organization (ILO) when it celebrated the centenary of its establishment in 2019. In addition to introductory and concluding remarks, the contents are divided into four sections. Section one traces development backgrounds, severity, and negative impacts on employees, employers and business entities themselves of various forms of workplace aggressions, such as discrimination, sexual harassment, violence and workplace bullying. It also discusses why traditional labor law regime cannot cope effectively with this new phenomenon in the workplace. Section two reviews a number of efforts made by the ILO in the field of occupational safety and health to deal with these issues in the earlier periods, including promulgated related international labor conventions and recommendations, relevant research programs engaged, and numerous guidelines and guidance issued to the stakeholders. Section three delves into the legislative backgrounds, important provisions and their future impacts on member states of this important international labor convention. Section four compares this convention with the efforts made by the European Union and the United States in order to evaluate its merits, shortcomings and controversial aspects. It also points out that since the newly amended Occupational Safety and Health Art in Taiwan has also imposed strict liability on local employers to prevent and correct these mistreatments of their employees while at work, experiences from the ILO in this field can certainly provide useful guidance for Taiwan when it tries to cope with these new issues in the workplace.