聲明書

 聲明書

本人即福委會主委係基於公益，避免同仁遭受同樣傷害，在此呼籲請求公司依法經營在台事業，聲明如下：

國泰航空台灣分公司工程部長期以「受訓、支援」名義，將台灣員工大量外派至第三方公司進行實質勞務，僅給付低成本受訓津貼，藉此規避高額工作津貼與人力成本，形同黑工派遣。此一違法行為，已直接導致台北站人力嚴重不足，並最終造成員工於工作中受傷，構成刑法上之傷害行為。

115年2月11日：黑工派遣引爆人力崩潰

據查，115年2月11日當日，國泰航空台灣分公司工程部外派至第三方公司執行非法勞務之人員至少7人以上，造成台灣端人力嚴重不足。公司在明知人力短缺之情況下，仍長期拒絕依法提供勞工法定休息時間，迫使留守台北站員工在連續長工時、工作超負荷的環境下執行高風險航班作業。

過勞致傷：刑法傷害罪構成要件明確

本人於當日因急趕接送飛機及報房工作，在長期過勞與未提供法定休息時間之情況下，發生腰部拉傷，當場無法站立，經緊急送往敏盛醫院急診室治療，屬典型職務上公傷。

依刑法第277條規定：「傷害人之身體或健康者，處五年以下有期徒刑、拘役或五十萬元以下罰金。」
本案中，公司明知長期違法派遣與違反工時規定，仍持續為之，已符合刑法第14條所定之過失犯罪構成要件：

行為人雖非故意，但按其情節應注意，並能注意，而不注意者，為過失。
行為人對於構成犯罪之事實，雖預見其能發生而確信其不發生者，以過失論。

公司對於制度上且屬長期過勞致傷之風險可預見、能避免，卻選擇放任發生，已非單純意外。

法定休息時間遭全面剝奪

依勞動基準法第35條明定，勞工繼續工作4小時，至少應有30分鐘之休息。所謂休息時間，係指勞工得完全脫離雇主指揮監督、自由利用之時間。

然而，本人多次向公司反映並請求依法給予休息時間，均遭拒絕。主管為追求個人績效，無視勞工健康與安全，仍持續將人力違法大量外派至第三方公司，形成長期每日工作8.5小時卻無任何法定休息之違法狀態，導致員工身體出現多項慢性疾病，身心健康嚴重受損。

工傷發生後，公司冷處理、棄置員工

更令人震驚的是，工傷發生後，公司僅通知救護車，未提供工傷單、未派員陪同、未告知任何應注意之醫療證明事項，即完全不予理會。本人離院時，雖由同事下班後接送，惟公司仍未協助補提供任何工傷文件。倘因公司怠於履行法定義務致文件不備，其法律責任，應由公司及相關部門主管自行承擔。

績效建立在員工痛苦之上

在員工因過勞受傷、身心俱疲之際，相關主管卻仍因「成功降低人力成本、完成黑工派遣績效」而沾沾自喜。此等行徑，無異於將個人績效建立在員工痛苦與健康犧牲之上，令人痛心。

嚴正呼籲

本案已非單一工傷事件，而是違法派遣、違反工時、過勞致傷、事後棄置的系統性問題。呼籲主管機關與司法單位立即介入調查，依法追究公司及相關主管之刑事、行政與民事責任，還勞工一個最基本的安全與尊嚴。

聲明人：主任委員 劉倍杉

日期：西元2026年3月1日

Statement

In the interest of the public good and to prevent colleagues from suffering similar harm, I hereby call upon the Company to operate its business in Taiwan in full compliance with the laws and regulations. I make the following statement:

For an extended period, the Engineering Department of Cathay Pacific’s Taiwan Branch has, under the pretext of “training” and “support,” dispatched a large number of Taiwan-based employees to third-party companies to perform substantive labor. These employees were paid only low-cost training allowances, thereby evading the payment of higher work-related allowances and reducing labor costs. This practice is tantamount to illegal “black labor” dispatch. Such unlawful conduct has directly resulted in a severe manpower shortage at the Taipei Station and ultimately caused employees to be injured while performing their duties, constituting bodily injury under criminal law.

February 11, 2026: Illegal Labor Dispatch Triggered a Manpower Collapse

Upon investigation, on February 11, 2026, at least seven employees from the Engineering Department of Cathay Pacific’s Taiwan Branch were dispatched to third-party companies to perform illegal labor. This led to a serious shortage of manpower on the Taiwan side. Despite being fully aware of this shortage, the Company persistently refused to provide employees with the legally mandated rest periods, forcing the remaining staff at the Taipei Station to carry out high-risk flight operations under conditions of continuous long working hours and excessive workload.

Overwork Resulting in Injury: Clear Elements of the Crime of Bodily Injury

On that day, while urgently rushing to handle aircraft turnaround and reporting room duties, and under conditions of prolonged overwork and the absence of legally required rest periods, I suffered a lumbar strain and was immediately unable to stand. I was urgently transported to the emergency department of Min-Sheng Hospital for treatment. This constitutes a typical occupational injury incurred in the course of duty.

Pursuant to Article 277 of the Criminal Code: “A person who injures the body or health of another shall be punished with imprisonment for not more than five years, detention, or a fine of not more than NT$500,000.”

In this case, the Company, despite knowing of its long-term illegal labor dispatch practices and violations of working-hour regulations, continued such conduct. This clearly satisfies the elements of negligent crime as defined in Article 14 of the Criminal Code:

“An act is negligent when the actor, although not acting intentionally, fails to exercise due care that should have been exercised and could have been exercised under the circumstances.”
“Where the actor foresees that the facts constituting a crime may occur but believes that they will not occur, the act shall be deemed negligent.”

The Company could foresee and prevent the systemic and long-term risk of injury caused by overwork, yet chose to allow it to occur. This is far from a mere accident.

Statutory Rest Periods Completely Deprived

Article 35 of the Labor Standards Act clearly stipulates that when a worker continues to work for four hours, at least thirty minutes of rest shall be provided. “Rest time” refers to a period during which the worker is completely free from the employer’s direction and supervision and may use the time at their own discretion.

However, despite my repeated reports to the Company and requests for the provision of legally mandated rest periods, all such requests were rejected. In pursuit of personal performance metrics, supervisors disregarded workers’ health and safety and continued to illegally dispatch manpower in large numbers to third-party companies. This resulted in a long-term unlawful condition in which employees worked 8.5 hours per day without any statutory rest, causing numerous chronic health problems and severe physical and mental harm.

After the Injury: Cold Indifference and Abandonment of the Employee

Even more shocking is that after the occupational injury occurred, the Company merely called an ambulance and took no further action. It failed to provide an occupational injury report form, failed to assign accompanying personnel, and failed to inform me of any necessary medical documentation requirements. Upon my discharge from the hospital, although a colleague transported me home after work, the Company still did not assist in providing any occupational injury documentation. Should any documentation be incomplete due to the Company’s failure to fulfill its statutory obligations, the legal responsibility must be borne by the Company and the relevant departmental manager.

Performance Built on Employees’ Suffering

While employees were injured by overwork and left physically and mentally exhausted, the manager nonetheless took pride in having “successfully reduced labor costs and achieved illegal labor dispatch performance targets.” Such conduct amounts to building personal performance achievements upon the suffering and sacrifice of employees’ health, a situation that is deeply distressing.

Solemn Appeal

This case is no longer an isolated occupational injury incident. It represents a systemic problem involving illegal labor dispatch, violations of working-hour regulations, overwork-induced injury, and post-incident abandonment. I hereby urge the competent authorities and judicial bodies to immediately intervene and investigate, and to pursue the criminal, administrative, and civil liabilities of the Company and the responsible managers in accordance with the law, so as to restore the most basic safety and dignity owed to workers.

Declarant: Chairperson Rooney, Bei-Shan Liu
Date: March 1, 2026