1999 / June

從勞動三權觀點論公共部門教師會協商權與罷工權
Rights to Bargain and Strike of Teachers' Associations in the Public Sector

研究論文 Research Article

衛民
Michael M. Wei

265-299

團結權、協商權和罷工權是民間部門勞工基本權利，1970年代之後這些權利逐漸賦予公共部門員工。對於敎師而言，團結權已普遍適用，但由於公共部門具有主權、獨佔性產品，以及公共利益等三大特質，協商權和罷工權仍受到不同程度的限制。我國敎師已享有團結權和部份的協商權，但罷工權仍完全受限制。本研究調査發現，公立學校敎師會理事長和校長都支持敎師會擁有協商權，但罷工權部份校長表示強烈反對，而敎師會理事長也有四成反對比率。本硏究認爲協商權應賦予敎師，但協商範圍要加以適當地限制，至於罷工權則不宜行使，但要有申訴和爭議處理制度予以配合。

Rights to organize, bargain and strike are three fundamental rights of the workers in the private sector. These rights were extended to public employees beginning in the 1970s. The public sector's three char­acteristics are: to guard the public interest, to guard government sovereignty, and to guarantee the public control of the distribution of goods and services. Taiwanese teachers in the public schools have the right to organize, but rights to bargain and strike are still restricted to some extent. From this survey we find that the presidents of teachers' associations and principals of public schools in Taiwan generally agree that teachers have the right to bargain. The principals of the public schools strongly disagree however that teachers have the right to strike that forty percent of the association president respondents also disagree. This study suggests the right to bargain should be extended to teachers but with a properly limited bargaining scope. The right to strike is not a proper means for teachers to pursue their economic and social benefits.

公共部門, 敎師會, 協商權, 罷工權
Public Sector, Teachers' Associations, Right to Bargain, Right to Strike

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