Graduate Institute of Labor Research, National Chengchi University

日本式企業經營，隨產業高度發展，逐漸調整轉型，而過勞死可說是此過程的產物，此一用詞，在國際上已流傳多時，並確定下來。日本已是經濟大國，勞動者已脫離求生計的經濟性需求，那麼在達致疲勞時，為何沒有停下來休息，一直要工作至死，其原因與機制何在？有何因應之道？為本文研究之焦點。

經由文獻分析，發現日本型企業原本採取恩情主義，但在經濟成長達到高度化以後，企業積極推展合理化措施，使勞動形態出現長時間勞動，休假日加班，單身赴任，派遣、調職，以績效敘薪等措施，使勞動者壓力遽增，加上工會在勞資協調名義下，未能積極因應等，遂使勞動者壓力慢性化，進而引發過勞死事件頻頻發生。而這些現象在泡沫經濟以後，益形加劇。在過勞死事件擴大之後，受到各方批評，各界也就紛紛提出各種對策，本文對這些對策，作了全盤性的探討。綜合研究發現，本文就日本經驗，提出具有啟發之處，此舉將有助於我們思考過勞死問題，並思防止之策。

Accompanying the significant industrial development by Japanese style of business management, the increasing cases of death from overwork have been reported in the Japanese enterprises as well as extensively discussed in the literatures. Given the facts that Japan is a highly industrialized country and most Japanese workers should emphasize the work satisfaction rather economic reward, why do Japanese workers still work so hard that the cases of death from overwork was increased. The major purposes of this study are to explore the reasons and mechanism of the death from overwork in Japan and to propose a way for decreasing the cases.

Based on the literature survey, the study found that some of the new personnel regulations adopted by Japanese enterprises for pursuing the efficiency might be significant factors resulting in workers’ pressures, which in turn result in death from overwork.  Those factors inducing workers’ pressures are such as: long-time working, extra work on holidays, outreaching assignment, frequent job rotation, performance-based salary and so on. In addition, the unions cannot take a more aggressive action to bargain with the management. As a result, the cases of death from overwork have been increased. The implications for policy making and personnel management also have been discussed in the paper.

九○年代以來，「知識經濟」一詞與「全球化」一樣，成為學術討論及大眾刊物上，當紅的焦點議題，主流也語帶樂觀的期待並歡迎它所昭示的一個新世紀的來臨。然而本文的根本提問是：究竟「知識經濟」果真是一個不同於前期資本主義的經濟型態？還是內生於資本主義邏輯，卻以不同形式出現的必然產物？

這種宣稱以「知識」為主要經濟活動內涵的模式，據稱企業組織行為大有異於以往傳統企業組織，且此差異不僅止於表象，而是本質性的不同，那麼僱用關係是否也跟著起了性質上的變化：傳統工人的人格的從屬和經濟的從屬，以及僱用關係的「剝削性」終將消失？知識擁有者，能與資本擁有者同時成為新世紀的主人？在知識經濟的生產關係下，僱用關係的矛盾衝突，是否必然轉變成為夥伴關係呢？本文以為知識經濟下的勞資關係在本質上並無根本性的不同，雇用關係中的矛盾對立性依然存在，甚至較以往有過之而無不及。

離職後競業禁止條款的出現，對傳統僱用關係是一個新的挑戰。究竟勞雇互負保護忠誠的權利與義務，能否於僱用關係結束後仍繼續存在？存在的理據為何？本文以為若干工業先進國家允許離職後競業禁止條款的做法，對勞工構成極大的傷害，且不利整體人力資源的有效運用，同時也未必是維持產業競爭公平的最佳手段，該項條款確值再議。不過，若屬官方研發機構的人力流動問題，因人力異動關係到整體產業的利益，因而與營利部門的處理方式應有差異。

The major purpose of this paper is to measure segmented labor markets (also known as dual labor markets) based on the Taiwanese official two-digit occupational groups. The mean statistics on 14 criterion variables for each two-digit occupation, pooled and calculated from three kinds of data conducted by the Directorate-General of Budget, Accounting and Statistics (DGBAS), were used to classify namely upper primary, lower primary, and secondary labor markets. The results of classifications generated from four different approaches, such as Z-value approach, Factor Analysis approach, Cluster Analysis approach, and Kaufman approach, were compared and discussed. Finally, several construct validity tests indicate that the Z-value approach is the most parsimonious choice for defining occupational segmented labor markets. In addition, the histogram of the index of occupational quality constructed from the Z-value approach has shown a multi-modality pattern, which was found in the analyses using the unit of either occupational or individual level. The multi-modality pattern provides a demarcation line to define occupational segments, and such a pattern has not been shown or even used to define occupational segments in previous studies. The shares of individuals in the upper primary occupations are around 19% of the total labor force between 1981 and 1992. The increasing shares of individuals located in the lower primary occupations (16.63%, 18.90%, and 23.69% in 1981, 1985, and 1992 respectively) coincide with the rapid development of service industries in Taiwan during the period. In addition, the shares of secondary occupations decreased across time, such as 63.65%, 62.80%, and 54.92% in 1981, 1985, and 1992 respectively. The shrinking of jobs in the secondary occupations might be related to de-industrialization in Taiwan during the period.

Since 1988, the Australian industrial relations system has shifted substantially and rapidly from a highly centralised system, characterised by a distinctive formal arbitration system and by strong recognition of trade union rights and powers in collective bargaining. The shift has been towards a decentralised system, which has eroded formal arbitration, given primacy to enterprise agreements, weakened the power of trade unions to intervene in enterprise-based negotiations, and attempts to insert the significance of individual contracts over collective bargaining.This shift has been, in large part, a consequence of the ascendancy of militant managerialist ideologies and strategies in the corporate sector. Recent Government and corporate offensives against the union movement have contributed to the spectacular decline in the rate of union density, however this decline has also been the consequence of widespread changes to the industrial and occupational structure of the labour market itself.Union strategies to arrest this decline have been hitherto unsuccessful.