劳动派遣法律制度若干问题研究
发布时间：2018-07-29 08:59
【摘要】：我国台湾地区劳动派遣法制化的问题虽争议多年1,但由于2005年7月开始实施的退休年金新制2,让劳动市场上非主流的派遣市场突然找到了伸展的舞台,这种以派遣为营利目的聘雇方式,引起企业注目纷纷大举采用,藉以规避许多法定的人事成本3,带给了劳工团体极大的不安定及权益的戕害4。其实亚洲国家如日、韩等对于劳动派遣均有正式法规来规范三方之权利与义务。在我国台湾地区业者良莠不齐及在迟未颁布专法适法性不足的情形下,劳动争议案件层出不穷5。所以本论文是以劳动派遣各面向的问题为导向,研究对策为重心,劳资平衡与政府三赢局面为要旨来加以论述。其内容摘要说明如下: 首先本文介绍什么是劳动派遣的基本理论。其实产经学界各领域对派遣制度的研究相当广泛及多元,本文以法的思惟解析劳动派遣的概念,定义,种类,法律关及系特征及明白区分同样涉及三方的劳动型态的出向,承揽(外包),中介来解构劳动派遣制度的基本理论。紧接着针对我国台湾地区劳动派遣制度作说明并与外国法治观点作比较,以理解我国台湾地区目前劳动派遣法制化的定位。
[Abstract]:Although the issue of the legalization of labor dispatch in Taiwan has been controversial for many years, since the new pension system of retirement pension began to be implemented in July 2005, the non-mainstream dispatch market in the labor market has suddenly found an extension stage. This way of hiring for profit by dispatching has attracted the attention of enterprises one after another in order to avoid many statutory personnel costs and bring great instability and damage to the rights and interests of labor groups. In fact, Asian countries such as Japan and South Korea have formal regulations to regulate the rights and obligations of the three parties. Under the situation that the good and the bad of the operators in Taiwan area are mixed and the applicable law of the special law has not been promulgated late, the cases of labor dispute emerge in endlessly. Therefore, this paper is focused on the problems of labor dispatch, the research countermeasures as the focus, the balance between labor and capital and the three-win situation of the government as the main point. The contents are summarized as follows: firstly, this paper introduces the basic theory of labor dispatch. As a matter of fact, the research on dispatch system in various fields of industry and economics is quite extensive and diverse. In this paper, the concept, definition, type, legal relationship and system characteristics of labor dispatch are analyzed from the perspective of law. Contract (outsourcing), intermediary to deconstruct the basic theory of labor dispatch system. Then, this paper explains the labor dispatch system in Taiwan and compares it with the viewpoint of foreign rule of law, in order to understand the orientation of the legalization of labor dispatch in Taiwan.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D922.5
本文编号：2152167
[Abstract]:Although the issue of the legalization of labor dispatch in Taiwan has been controversial for many years, since the new pension system of retirement pension began to be implemented in July 2005, the non-mainstream dispatch market in the labor market has suddenly found an extension stage. This way of hiring for profit by dispatching has attracted the attention of enterprises one after another in order to avoid many statutory personnel costs and bring great instability and damage to the rights and interests of labor groups. In fact, Asian countries such as Japan and South Korea have formal regulations to regulate the rights and obligations of the three parties. Under the situation that the good and the bad of the operators in Taiwan area are mixed and the applicable law of the special law has not been promulgated late, the cases of labor dispute emerge in endlessly. Therefore, this paper is focused on the problems of labor dispatch, the research countermeasures as the focus, the balance between labor and capital and the three-win situation of the government as the main point. The contents are summarized as follows: firstly, this paper introduces the basic theory of labor dispatch. As a matter of fact, the research on dispatch system in various fields of industry and economics is quite extensive and diverse. In this paper, the concept, definition, type, legal relationship and system characteristics of labor dispatch are analyzed from the perspective of law. Contract (outsourcing), intermediary to deconstruct the basic theory of labor dispatch system. Then, this paper explains the labor dispatch system in Taiwan and compares it with the viewpoint of foreign rule of law, in order to understand the orientation of the legalization of labor dispatch in Taiwan.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D922.5
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