| Summary: | 碩士 === 國立臺北大學 === 法律學系法律專業組 === 98 === Dispatched employment is the “atypical employment” of detachment of hire and being hired, and thereby, causing the controversies. The Labor Standards Act and Labor Union Law are enacted by the typical employment, and defining the attribution of responsibility. But for dispatched employment, how to manage the atypical employment, the dispatched labors are allowed to participate in the union or not, the prevention of occupational hazards, and the following compensation etc., are the existing problems needed to be resolved.
This thesis will focus on personal relationship between employers and employees, full-time work scheme, and indefinite working period. First, I will elaborate the meaning and characteristics of dispatched employment, and the following impact to typical employment.
Secondly, I will elaborate the relevant theories, and to argue the tripartite relationship of dispatched employment, therefore, we can clarify the legal relationship among the dispatched employers, agencies, and the employing bodies.
Third, based on the relevant labor laws, I will argue the attribution of responsibility while the dispatched employers encounter occupational hazards, and the cases studies will be also reviewed.
Ultimately, the Draft of Dispatched Employment Act will be introduced and argued, and I also comprehend the scholarly opinions and Foreign legal systems to exam the current laws of labor is proper to expand the definition to dispatched employment, therefore we can review whether the Dispatched Employment Act is necessary to be enacted.
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