參考違法實錄:
http://blog.roodo.com/youthlabor95/archives/8747823.html
監察院違反勞基法,即違法又失職造成我的損失,經過勞保局和勞工局認定違法。勞保局已經對監察院開罰,但勞工局沒有,有包庇之嫌。中間處理過程推~拖~拉~矇敝~敷衍了事、官官相互。開協商會當時,不准勞工團體陪伴我協商,完全沒有保障到人權,還讓我越來越深不爽。
從事情發生開始4月1日至4月14日這當中,財申處處長與副處長完全裝傻之置不理,也沒有約談過我。
我看見他們避重就輕、財申處第三大長官的事沒處理以及怕事。
再加上該看很多勞基法的人(處長或有決定權的人)沒有看,或是看一點而已或不做功課,不該看很多勞基法的人(秘書,沒有決定權的人),卻看了很多。
在這情形之下,我受不了,我是非自願性離開。於是引用勞基法第十四條第一項第六款:雇主違反勞動契約或勞工法令,致有損害之勞工權益之虞者,勞工可以不經預告終止契約。
我離開之後,Taipei time 記者問財申處第三大長官,我所指控之事可否屬實。他竟然回答否認我所有的指控。之後記者也問了財申處處長,處長回答的樣子似乎是我自己願意走的。我早在我走的二星期之前,就告知違反勞基法之一事,而走之前早就告知為何離開,為何財申處的處長還這麼講呢???
當時4月17日我召開記者會後,記者問財申處處長,處長給記者回答是:
去年因為要找工讀生來校對、處理政治獻金申報書,所以去年4月份曾上簽人事室表達要應徵工讀生,由於有人認為工讀生的工作時間不固定,進進出出、斷斷續續,建議不要簽合約,也免加保。
後來,也曾詢問勞委會是否要為工讀生加保,但由於勞委會說法反覆,沒有肯定,所以後來並未加保。
至於陳姓工讀生要求監察院開立非自願離職書,洪國興表示,工讀生本來說好要做到4月底,但4月13日傍晚突然說要離職,隔天14日一早來與承辦組長談,但仍堅持離開,也沒有提出書面辭呈,能算是非自願職辭嗎?980417
當時4月17日Taipei time記者也去問了財申處第三大長官:
Control Yuan cheated its employees: labor union
RIGHTS: A former worker said that he was asked to agree to regulations violating the Labor Standards Act, and when he refused, he was told not to return the next day
By Loa Iok-sin
STAFF REPORTER
Saturday, Apr 18, 2009, Page 2
Accompanied by members of the Youth Labor Union 95, a former part-time employee of the Control Yuan, who asked to be identified only by the surname Chen, yesterday accused his former employer of violating the Labor Standards Act (勞動基準法).
“I started working for the Control Yuan in May last year, but realized only in March that the Control Yuan did not list my name under the labor insurance coverage until October,” Chen told reporters at the group’s headquarters in Taipei.
Employers are required by law to register employees for labor insurance and pay part of their fees.
“I told my superior that they may have violated the Labor Standards Act on April 1, but they said that they didn’t know about the regulations and would check and get back to me,” Chen said. “So far, I haven’t heard anything.”
Besides the labor insurance issue, Chen said that the Control Yuan had never paid him for overtime or for working on public holidays.
Youth Labor Union 95 executive member Liu Yu-hsueh (劉侑學) said that the Control Yuan owed Chen for unpaid overtime and for working on holidays.
Chen also said that the Control Yuan had asked all its part-time employees to sign a set of regulations with clauses that violated the Labor Standards Act.
“My supervisor, a senior Control Yuan secretary named Wang Hsin-hsien [王新憲], handed the regulations to us, asked us to sign on the spot, and called our names one by one to turn in the signed paper,” Chen said.
“When I refused to sign it right away and told him I needed some time to go over it and think about it, he said that those who didn’t want to sign didn’t need to come to work the next day,” he said.
A copy of the regulations that Chen showed at the press conference said the Control Yuan could “terminate employment at any time if [the part-time employee] does not follow the rules, performs poorly or shows a bad attitude toward assignments given by a Control Yuan employee.”
The regulation also required part-time employees to give two weeks’ notice before resigning.
“This is obviously illegal,” Liu said. “The Labor Standards Act specifically lists conditions in which an employee can be fired, and none of the situations in the [Control Yuan] regulations meet the conditions in the law.”
Liu said the act only requires an employee to tender his or her resignation 10 days in advance.
Wang rebutted all the accusations when contacted by the Taipei Times.
“We give [part-time employees] more severe regulations because we want them to follow the rules, but if they don’t, we won’t handle it according to our own regulations. We’ll still follow the law,” Wang said.
He denied having told Chen not to come to work the next day if he didn’t sign the regulations.
“As for the labor insurance issue, I think there’s a misunderstanding, but I’m not too sure exactly what happened,” Wang said, adding that he would investigate the matter to find out what went wrong.
Liu said that they had reported the case to Taipei City’s Department of Labor.
“They will send people to the Control Yuan to investigate by Monday at the latest,” he said.
待續未爆~~彈