Employer's Civil Liability for Occupational Accidents in the Dispatched Employment
Dispatched labor is a kind of atypical employment relationship. It is a complicated issue whether a dispatched work agency or its client (demanding company), who directly supervise the labor, should be responsible for occupational accidents of the labor. Even though a demanding company has no contract with a dispatched worker, courts tend to recognize that both the dispatched work agency and the demanding company should, as employers, be jointly liable to the worker for damages of the accidents under Civil Code. However, the courts have not recognized the demanding company should be liable to the compensation of the occupational accidents under Labor Standards Act. In order to protect the dispatched labor more, this article suggests the Legislative Yuan had better enacts a new statute or amend Labor Standards Act to regulate dispatched labor relationship.