| 英文摘要 |
Labor dispatch is a common form of atypical employment and represents a model of separating the hiring and utilization of labor. This article believes that labor dispatch itself is just one form of diversified labor utilization and cannot be categorized as inherently good or bad. However, the current regulations in our country regarding labor dispatch are insufficient, and the administrative guidance on distinguishing between contract for work and labor dispatch lacks enforceable power, which is inadequate for practical needs. In contrast, Japan not only directly prohibits labor supply businesses in the Employment Security Act but also stipulates that only legally authorized labor dispatch can exempt the legal responsibility of engaging in labor supply businesses. Therefore, it is of utmost importance to promptly amend the Labor Standards Law by referring to the provisions, practices, and significant insights regarding the criteria for distinguishing between outsourcing and dispatch in Japanese law. Of course, from a legislative perspective, I personally support the establishment of a comprehensive special law on labor dispatch, which would fundamentally resolve the various legal disputes arising from labor dispatch. Additionally, it is crucial for me to emphasize that when handling disputes arising from labor dispatch, the following important principles should be strictly adhered to: while companies enjoy the benefits brought by flexibility, they should not completely evade their original employer responsibilities, nor should they shift the burden of responsibility onto a third party with no capability to bear it. |
