A Study on Legal Issues of Dispatched Employment-Focus on Protection of Workers'' Compensation and Right of Collective Bargaining

• Main Authors: Jia-Yi Wang, 王嘉怡
• Other Authors: Shih-Hao Liu
• Format: Others
• Language: zh-TW
• Published: 2009
• Online Access: http://ndltd.ncl.edu.tw/handle/62292894658086870007

碩士 === 銘傳大學 === 法律學系碩士班 === 97 === With the rapid change of industrial structure, economical environment and the influence of globalization, the industrial patterns of employment in Taiwan also face a tremendous transform. In order to reduce labor costs and increase flexibility in the use of manpower and efficiency, dispatched employment comes with the tide of fashion. However, the application under the law system of R.O.C. about "Dispatched Employment" felt in an obscure state. There are many problems which existed in the protection of dispatched workers, such as occupational hazard prevention, the issues of workers compensation and whether the dispatched workers can join the union of the client agency or not. However, under current law system, it is difficult to resolve this kind of problems. So I hope that this research can be explored to clarify the triangular relationship between dispatched workers, staffing firm and client agency. This research will focus on the issues of the protection of workers compensation and right of collective labor by comparing with the United States legal system, which are not yet enacted specific laws of dispatched employment, and by comparing with Japan, which have already passed the Worker Dispatch Law. This paper presented will be structured as follows: Chapter I： Introduction: motive, purpose and goal, scope of research, research method and outline. Chapter II: Introduction to dispatched employment: basic discussion regarding the definition, characteristics and types of dispatched employment, the reasons for the rise of dispatched employment and the legal relationships among staffing firms,dispatched labors and client companies. Chapter III: Introduced the global growth of dispatched employment of the international community, and then specially focused on current labor dispatched situation in the United States, Japan and Taiwan. Furthermore, introduced the international labor standards of International Labor Organization (ILO) from the background to the content of legislation. Then introduced current labor-related legal system of the United States, Japan and Taiwan. Chapter IV: Protection of workers’ compensation: introduced the problems of occupational hazards prevention and workers’ compensation which exsited in dispatched employment in the United States, Japan and Taiwan. Then, analyzed the employer’s liability in occupational hazards compensation and employment relationships in the United States, Japan and Taiwan. Chapter V: Protection of right of collective bargaining: introduced the problems of right of collective bargaining which exsited in dispatched employment in the United States, Japan and Taiwan. Then, analyzed how dispatched workers exercised the rights of collective bargaining under the current law system of the United States, Japan and Taiwan. Chapter VI: Conclusion and suggestions: comparison of the United States, Japan and Taiwan, included the similarities and differences between the legal system and problem-solving of dispatched workers’ compensation and the rights of collective bargain rights. Finally, make a recommendation based on related experience of the United States and Japan.