從企業治理觀點解析產業民主：兼論於臺灣之發展前景

Abstract

企業若要長期經營，有賴各利害關係人間的合作。而如何在企業內、外部創造信任（Trust），此項可促進各利害關係人合作的資產，為一重要課題。產業民主作為一賦予勞工參與企業治理的機制，一方面可促進企業內資訊的雙向交換；另一方面，能進一步完善企業的內部監督。二者皆有助強化勞資雙方的信任與合作。當前，我國政府擬以立法規定上市櫃企業需設有勞工董事的方式，將產業民主擴展至現行的國營事業之外。本文在解析產業民主之發展利弊以及於德國的個案實例後，提出以下建議。一、政府應以能顯著受益於勞工董事制度的企業，如僱用人數高、供應鏈複雜，或潛在代理問題高的組織為優先規範對象。二、企業應給予勞工董事必要的教育訓練。三、勞工董事宜由直選的方式產生，並須確保工會與勞工董事皆能互不干涉的充分運作。

From a stakeholder theory point of view, every company needs to corporate with a wide range of partners in order to create value. During the process of sustainable value creation, the degree of trust between company and stakeholders plays an indispensable role. On the one hand, workers view the company as trustworthy when two-way information-sharing channels are in place. It is a mutually beneficial arrangement where workers will be able to voice their concerns and have first-hand operational knowledge conveyed to the core of decision-making process. On the other hand, industrial democracy strengthens internal controls due to workers’ relatively longer commitment to the company. Currently in Taiwan, the said mechanism exists mainly in companies that are or were state-owned. In light of its potential benefits and case studies on German industrial democracy, this article concludes: (a) Taiwanese government should have a laser focus on certain types of companies that industrial democracy can be most advantageous to, (b) companies should provide comprehensive trainings for labor representatives, and (c) unions should have employee directors elected directly by employees and put clear segregation of duties in place, both of which avoid intents of industrial democracy being compromised.