勞動派遣關係中雇主職業災害責任之研究

Abstract

經濟發展與社會變遷，產業結構逐漸發生變化，勞工在工作權利意識也隨之不斷轉變，勞動與僱用的型態亦趨向於多樣化，勞動派遣因應社會經濟的競爭背景與勞資雙方需求在市場機制下而產生。\n此外有執行職務，就可能發生職業傷害，當職業災害發生時，勞工權益如何保障，雇主的責任為何？在我國尚未完成派遣勞工保護法與勞工職業災害保險法之前，實務上已發生各種勞資問題。比較嚴重的是派遣關係的誤用，導致職業災害發生時勞工權益大受影響。\n本篇論文特別就法律上問題加以探討，例如職業災害認定與派遣勞動關係的雇主責任之釐清，最後就派遣勞工保護法草案與勞工職業災害保險法草案問題探討，提供給讀者思考。

Economic development and social changes, the industrial structure has gradually changed, the awareness of labor rights has also been changing, and the types of labor and employment have also become more diversified. Labor dispatch has arisen in response to the social and economic competition background and the needs of both employers and employees.\nIn addition, in the case of executive duties, occupational injuries may occur. When occupational accidents occur, how can labor rights be protected and what is employer’s liability? Before the Dispatched Labor Protection Act and the Labor Occupational Accidents Insurance Act have not yet been completed, various labor dispute issues have occurred in practice. More serious is the misuse of the dispatch relationship in the employment relations, which leads to the impact labor rights of occupational accidents.\nThis paper discusses the legal issues in particular, such as the clarification of the employer`s liability for the identification of occupational accidents and the dispatch of labor relations, and finally discusses the issue of the draft Dispatched Labor Protection Act and the draft Labor Occupational Accidents Insurance Act, providing readers with new directions for thinking.