Go to Content Area :::

Constitutional Court R.O.C. (Taiwan) Logo

Home Sitemap 中文版
   

Decisions

Home > Decisions > Interpretations (before 2022)
:::
:::
  • Interpretation
  • No.373【Under Translation】
  • Date
  • 1995/02/24
  • Issue
    • Is the prohibition on the organization of labor unions by technicians and journeymen employed in educational enterprises unconstitutional?
  • Holding
    •        Under Article 4 of the Labor Union Law, which stipulates that: "Persons employed in administrative or educational agencies of government at any level, and persons employed in munitions industries shall not organize a labor union,"  technicians and journeymen employed by educational agencies are not permitted to organize labor unions.  However, due to the service-oriented nature of work associated with such technicians and journeymen, prohibiting the organizing of labor unions for those engaged in this line of work unnecessarily deprives them of their basic rights.  This prohibition actually oversteps the imposed threshold of Article 23 of the Constitution, and infringes upon the aforementioned workers* constitutionally guaranteed right of association.  The prohibition is to be abolished within one year following the delivery of this interpretation.  Any necessary changes to be made in regards to the labor rights on the basis of the nature of work associated with technicians and journeymen employed by educational agencies are to be evaluated and amended by the legislature in the aforementioned time period.     
      
  • Reasoning
    •        Article 14 of the Constitution stipulates that citizens shall have the freedom of association.  Additionally, Paragraph 1 of Article 153 of the Constitution reiterates the duty of the State to enact laws and implement policies that protect workers so as to better their livelihood and improve productive skills.  Workers employed in all lines of work organize labor unions in order to improve labor conditions, and to raise their social and economic status.  This basic labor right is generally recognized by countries with modern legal systems, and its safeguarding was the intent of Article 153 of the Constitution.  Labor union laws promulgated by the State shall allow workers to enjoy the right to collective bargaining and dispute resolution, as long as social order and public welfare are secured.  Article 4 of the Labor Union Law stipulates that: "Persons employed in administrative or educational agencies of government at any level, and persons employed in munitions industries shall not organize a labor union,"  and among those groups, technicians and journeymen working for educational agencies are not permitted to organize labor unions.  Although the nature of their work is linked to the citizenry*s right to education, by prohibiting the formation of labor unions, it deprives the aforementioned workers of their basic rights, exceeds the imposed threshold of Article 23 of the Constitution and infringes upon these workers* constitutionally guaranteed right of association.  This prohibition is to be lifted within one year following delivery of this interpretation.  To safeguard their labor rights, members of labor unions should organize, negotiate, and conclude agreements with employers on matters related to working conditions and welfare issues such as wages, working hours, health and safety, vacations, retirement, work accident compensation, insurance, etc.  If negotiations fail or labor disputes arise, labor unions shall help mediate such impasses.  Should all mediation fail to resolve a labor dispute, labor unions may go on strike if legal procedures are adhered to.  The Labor Union Law (Articles 5, 6, 12, 20 and 26), the Collective Agreement Law and the Settlement of Labor Disputes Law provide related regulations for reference.  The nature of work for technicians and journeymen working in educational agencies may not compromise protection of the right of citizens to education, such as in aspects related to school safety and safety within educational and research environments.  Any necessary changes to be made in regards to the labor rights on the basis of the nature of work associated with technicians and journeymen employed by educational agencies are to be evaluated and amended by the legislature in the aforementioned time period.
      
    • *Translated by Professor Cing-Kae Chiao
Back Top