司法院大法官會議第807號解釋 (J.Y. Interpretation No. 807)

The Court found that Article 49(1) of the Labor Standards Act, which prohibits female workers from working at night, violated the Constitution’s gender equality rule. One of the purposes of the article is to protect female workers' health. However, it is a requirement for all workers, and there is no reasonable ground to exclude male workers from this requirement. Another purpose of the article is to protect female workers' safety at night. Based on the Constitution, the state is obligated to take various possible protections, including imposing some obligations on employers to provide safe transportation or dormitories to those female workers. However, instead of protecting female workers' safety at night, the article completely prohibits female workers from working at night, limiting female workers' freedom and right to work at night. Thus, it is unconstitutional.

勞動基準法第49條第1項限制女性勞工於夜間工作之規定，違反憲法第7條保障性別平等之意旨。本條其中一項立法目的，係保障女性勞工之健康，惟此種需求係所有勞工之需求，並無合理理由將男性勞工排除在外。本條另一項立法目的係保障女性勞工夜間工作之安全。基於憲法增修條文規定，國家應有義務採取各種可能之安全保護措施，包括使雇主提供安全交通工具或宿舍予女性勞工之義務。然而，系爭規定竟全面禁止女性勞工於夜間工作，致女性原應享有並受保障之安全夜行權變相成為限制其自由選擇夜間工作之理由，因此系爭規定應屬違憲。