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A Comparison Study of Labor Inspection between Taiwan and Mainland China

  • Publication Date:2017-03-31

The labor policies and labor environments across the Strait have changed and gone their separate ways. Following the frequent communication, it is therefore necessary for all enterprises from both sides of the Strait to get mutually familiar with the supervisory measures for occupational safety and hygiene. Taiwan government and enterprises especially, should keep their eyes on the differences and similarities of supervisory measures across the Strait, in order to cope with the challenge of changing policies and regulations.

This research will aim solely at the labor inspection under the concept of labor safety and labor hygiene. There will be comparative and systematical studies on regulations across the Strait regarding legal systems, institutions, inspection range, procedures, and liabilities. The two sides across the Strait differ in the ways they place labor inspection in their legal systems. Taiwan combines labor safety with labor hygiene, and both issues are stipulated together in the Occupational Safety and Health Act. Labor inspection stands independently in the Labor Inspection Act. The PRC, on the contrary, has no standalone act on labor inspection. There are Law on Work Safety for issues regarding safety as well as Law on Prevention and Control of Occupational Diseases for those regarding hygiene. Labor inspection of safety or hygiene are placed respectively in the two laws. Moreover, the labor inspection institution in Taiwan is mainly of integrative structure. A dedicated institution in the central government performs the inspection and management vertically. However, the PRC's is of hierarchy structure in the centrallocal government relations. In inspection range, both the scopes of labor inspection cross the Strait include the enforcement of all regulations concerning occupational safety and hygiene. Therefore, the differences of regulations between the two sides make the two legal systems work in diverse ways. As for the procedures of labor inspection, there is no significant difference that merits our attention. In the end, regarding the legal liabilities, violators on both sides of the Strait are subject to administrative penalties including fines, suspension of work or operation, and so on. Criminal penalties are found in Taiwan's Occupational Safety and Health Act and Labor Inspection Act, while the violators in China are prosecuted according to the criminal law. In the cases of civil damages on both sides of the Strait, claimants have to seek compensation according to the civil law.

  • Source:Division of OSH Exhibitions
  • Last updated:111-08-18
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