On The Worker Dispatching Conflict Of Interest With The Balance Of Interests

In recent years, the field of labor relation has been influenced deeply, especially the labor dispatch. The development of the labor dispatch has initiated the pondering of the educational circles and government's legislation. There are already issued laws of labor dispatch in Germany and Japan . Taiwan area also has set about establishing the labor dispatch law. It just appears in our country recently, and there are no legislation . How to adjust labor dispatch relation have been focused increasingly . Many scholars have made different analyses of labor dispatch from different points of view. These analysis reflects the current situations and trend of labor dispatch in our country. The " labor contract law " including the labor dispatch became effective on 1st, jan.2008. To clarify the labor relation and put forward rational suggestion , this dissertation is trying to carry out a profound analysis about labor dispatch from the points of benefit-balancing .Simultaneously, with the anticipation in heart to bring more benefits to the legislation ,it also gives comment and analysis on the continent of "the labor contract law". This dissertation is divided into four partsThe first part starts from the concept of laborer dispatch. The definition defined by national labor organization of laborer dispatch is the one who offers service for workers to work for the third party which might be natural person or juridical person. Then they assign tasks to the workers and supervises them to carry it out. Meanwhile, this part expatiates the correlative concepts of laborer dispatch, such as Staffing Service, HR Outsourcing, Joint Employment, Personnel Agency and Employment Exchange.The second part introduces and analyses several points of view of laborer dispatch, mainly are one kind of labor relation, one kind of labor relation with double circulations and double kinds of labor relation with special labor relation. Compare of different laborer dispatch relations, this part probes into the theory of circulation. It is labor relation circulates independently, not labor relation with double circulation.The third part analyses the conflict and balance of interest in laborer dispatch theoretically. From different points of view, including subject and character of conflict of interest ,to demonstrate the nomocracy is the way to balance the interest.The forth part analyses the conflict and balance in laborer dispatch substantially. It expatiates the origin, basic, focus, right representation of conflict and mode selection of interest balance, from the protection of labor rights. From the distribution of civil burden, it also discuss the legal framework of dispatch contract and put forward some legislation advices to perfect the way of balance of interest.