The Analysis of Factors Influencing the Negotiation of Individual Labor Disputes

Autor: Kun-Hung Lee, 李昆鴻
Rok vydání: 2006
Druh dokumentu: 學位論文 ; thesis
Popis: 95
Based on six cases of different disputes regarding the severance pay or occupational accident compensation, the aim of this study is to analyze the factors influencing the negotiation while interested parties conciliate or medi-ate their disputes. First of all, the author describes the cause and the conciliating or medi-ating process of each case and interprets the negotiation according to the con-versations and interactions between both sides. Then the author examines the factors influencing the negotiating process such as issues, positions and inter-ests, the role and function of the third party, face, guanxi, etc. Finally the transformation and results of the negotiation are diagnosed. The finding is the odds of negotiations of conciliating or mediating the severance pay disputes are less than the occupational accident compensation disputes. The reason is that negotiations of the severance pay disputes are al-ways ceased moving when interested parties can not have common view of their issues. However, both sides of the occupational accident compensation dispute always make mutual concessions to their issues and then move on to their interests to achieve their agreements. In conclusion, employers can reduce the burden of occupational accident compensation by the substitute regulation in order to expand their negotiating resources and increase the odds. Moreover one characteristic of the negotiation of labor disputes in Taiwan is the interposition of governmental representatives or local personalities exerting their face and guanxi.
Databáze: Networked Digital Library of Theses & Dissertations