台南繻愛協會遭爆要求社工回捐薪資 還未依法資遣員工
2023-3-24 記者田靖/台南報導
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台南市繻愛協會爆出要求社工回捐薪資(圖_翻攝立委王婉諭臉書)。
社工薪資回捐案件層出不窮,近期爆出高雄、台南兩社福機構要求社工每月將薪資回捐 500-2,000 元給予另一名社工,等同規避將薪資回捐給機構之違法情事。立法委員王婉諭昨(23)日偕同高雄市社會工作人員職業工會秘書長郭志南、台南市繻愛協會吳姓前社工召開記者會,針對社工遭遇薪資回捐變形手法及不定期契約終止的權益保障,要求政府正視並立即檢討改善。
郭志南指出,工會接獲多位任職於台南市繻愛協會的社工與教保人員,跨縣市向工會陳情,表示繻愛協會於 2022 年底全面終止承接台南市政府的委託方案,卻未依法給付資遣費與非自願離職證明書。工會更進一步發現,該協會同樣涉嫌以前案相同的手法,每月要求其中一位社工必須配合回捐薪資 2,000 元。除此之外,本會亦發現該協會未依照「社工薪資新制」的規定聘用社工。
吳姓前社工表示,該協會在台南市有接很多據點,去年底時接獲協會公文,表示今年不續接,並要求社工簽署離職書。社工向協會表示他們並非自願離職,協會也僅告知只要將離職原因填寫為「契約期滿」,就不算自願離職,之後會再寄非自願離職證明書給社工,然而,至今卻都沒有收到任何證明。
吳姓前社工指出,她找了社會局幫忙,社會局卻推給勞工局,甚至還要她好好想一想自己現在做的事是不是對的。吳姓前社工哽咽表示,她非常無助,難道爭取自己的權益是錯的嗎?
對於這樣變形的違法薪資回捐、未付資遣費的規定,王婉諭提出三大訴求,第一,應實質認定屬於薪資回捐,主管機關應公告停止補助:雖未直接回捐雇主,但社工提撥薪資給同事,無法得到全額給付,相對替雇主負擔人事費用。第二,勞動契約應載明薪資及工作項目,始得補助。第三,針對不定期契約終止,不得要求自願離職,應開立非自願離職證明及給付資遣費。
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