A Study On Protecting Labor's Right Of Labor Dispatching

Labor dispatching is one of new employing labor form, we also can call it worker dispatching, labor force dispatching, work dispatching or talented person dispatching. In some world developed country and area, for example, USA, Japan, Germany, France and our country Taiwan area ,this form already developed earlier. But labor dispatching gained certain development in recently several years in our country inland ,and the society already brings attention to this problem.In this new employing labor form, employing labor unit can realizes elastification employing labor, save labor cost, the dispatch organization may also increase its enterprise to receive, gain profit. For the labor, they can avoid limits of the regular work through labor dispatching, display its special ability, or become one kind of important channel of the short time, the temporary employment. To the society, the enterprise and the worker are quite advantageous.However, compares with our country labor dispatching vigorous development's tendency, the legal science theorists are still at the preliminary stage to the labor dispatching fundamental research, the legislative footsteps have not been able to follow up promptly. In recently years, legislation for the labor dispatching is only restricted in not many local legislations, only after Work Law of contract appears, we have nationwide unification legislation. So, in practical life, the phenomenon of using the labor dispatching employing and uses are separate to attend the worker rights and interests to be common. Although Work Law of contract has released and the official implementation, the law not specially aims at labor dispatching, article is limited, and many must involved part like labor's injury on job, the retired treatment and so on has not involved. Even if this law makes related stipulation of the labor dispatching, because from the beginning of legislation fell into the labor both sides game, can't make the stipulation to the labor's rights of the labor dispatching. This article in the foundation of Work Law of contract, profits from the foreign legislative experience, expects that can protect the labor's rights of labor dispatching in the better.