| 英文摘要 |
The occurrence of occupational accidents disputes in the Western societies, are related to the industrial revolution development the late 18th century. To date, occupational accidents remain a major global public health problem. It is a critical mechanism for fulfilling Universal Declaration of human rights and the two Covenants on human rights when the victims of occupational can receive the compensation. However, due to the atypical employment trends, the compensation mechanism of occupational accidents are resulting in growing dispute. Regarding to Taiwan, the compensation mechanism of the occupational accidents, despite the applicability of the Labor Standards Act and the Labor Insurance Act which are following the legislative spirit of advanced countries in Europe and America, have no practical benefit for the contract workers because slow development of the contract labor law, although the contract workers are hired constantly due to highly global industrial development. Such issue is caused by the fact that the companies hiring contract workers are not the ones that actually use workers. The working place is not provided by the company that hired workers but by the company that contracts the workers. Although the contract workers belong to the hiring company, they are commanded by the contracting company at the workplace and environment, using facilities and equipment provided by the contracting company. When a contract worker has an occupational accident, the hiring company and the contracting company would shrike liabilities to the other side, causing the second-time injury, and worse of all when the injured contract worker cannot get compensation. In contrast, in China, the labor regulations for the contract worker are well established. |
