| Summary: | 碩士 === 國立成功大學 === 法律學系 === 100 === In dispatched employment relations, it is the user firms that determine the assignment and content of tasks for dispatched workers. User firms can control all kinds of information regarding the workplace and best understand the nature of the work environment and potential hazards. They are thereby equipped with the greatest capability for preventing work accidents and play a vital role in the dispatched workers’ safety and health, as well as work injury prevention and relevant compensation.
Currently, user firms that truly rely on dispatched workers do not have a contract relationship with the workers. Without the express terms related to dispatched employment, the employers are not liable for the safety of workers and the workers’ welfare is therefore not fully guaranteed. However, dispatched firms send workers to the user firms and gain profits in return, while it is the user firms that have the power to supervise labor on the part of the dispatched workers. If the liability for employees is entirely born by the dispatched firms, liability allocation will be unfair.
This study takes the case of dispatched employment in the manufacturing industry and explores the related regulations on user firm liability for compensation in the case of work injuries, as well as what liability for compensation a user firm bears in work accidents. The methodologies adopted are documentary research and comparative research. Based on current judicial decisions, i.e. the concept of shared responsibility of joint employers prevailing in the judicial practices of the United States, this study suggests proposals for reference in future law enactment.
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