本文前段在解釋勞動派遣之基本觀念、類型、制度優缺點、勞動派遣各主體之法律關係，及勞動派遣與類似勞動關係間之比較。此部份以我國學者之學說，作為內容架構之核心，目的在於藉由我國學者之角度，較易為我國閱覽者分析與解讀勞動派遣之內容。第三章之內容，在敘述中國大陸勞動派遣實務操作之內容，分別對於中國大陸勞動派遣之歷史發展、勞動派遣營業許可取得程序、勞動派遣各主體間之法律關係的建立與消滅、各主體之權利與義務、同工同酬原則、社會保險投保責任、實際運作現況與例外規定等等，加以解釋並討論。此章也是本文的核心，在於引導閱讀者瞭解中國大陸勞動派遣制度之內容，並依據各次法律修正與新法頒布，界分出《勞動合同法》與《勞務派遣暫行規定》之間，雙方內容之四項重要改革處。希冀閱讀者明白此次《勞務派遣暫行規定》的內容重點，在於勞動派遣用工範圍與比例、社會保險責任確認、同工同酬原則落實、派遣勞工之退回與解僱，藉此呼應本文之核心＂界分＂。第四章之內容，主要在討論《勞務派遣暫行規定》尚未解決之問題，或新產生之爭議問題。第五章我國現行之相關法律內容，比較與討論。第六章整合前數章內容，做出整理與結論。
The discussion of labor dispatch is more and more important by the change of labor construct.. To separate out order and employment is the characteristic of labor dispatch It is very different from the common contract of labor. We can not solve all of the issue of labor dispatch, because there is no specialized law of labor dispatch in Taiwan. The China has had the system of labor dispatch more than 30 years since 1978 and has developed the legalization of the labor dispatch for 20 years. Because the issues of labor dispatch are more serious than ever before, the government of China want to correct the chaos of labor dispatch system to legislate the interim provisions on labor dispatch and the law of employment contracts. They want to set up a better system of labor dispatch. The business and academic learning intercourse are very hot between the Taiwan and The China. We can analyze their system of labor dispatch and study the interim provisions on labor dispatch and the law of employment contract. It is very helpful to legislate the law of labor dispatch.
The second chapter of this thesis focus on the foundation of labor dispatch and discriminate the labor dispatch from different labor contract. The large part of this chapter quoted the scholar’s theory of Taiwan to hope that the readers understand the chapter more easily. The third chapter of this thesis focus on the development of labor dispatch in China and introduce the system of labor dispatch to readers. This chapter is the most important part of the thesis. The chapter will explain and study several contents about labor dispatch, including the measures for the implementation of administrative license for labor dispatch, the establishment and eradication of legal relationship of labor dispatch, the right and duty of the each party of labor dispatch, equal pay for equal work, days of grace and the duty of helping worker to attend the social security. This chapter divides and explains the difference between the interim provisions on labor dispatch and the law of employment contracts. There are four important parts of the interim provisions on labor dispatch, including to make sure of the appointment of labor dispatch, to find out the final duty of helping worker to attend the social security, equal pay for equal work and the rule of returning labor dispatched staff or the rule of terminating the contract of labor. The fourth chapter finds out and study the issue of the interim provisions on labor dispatch. This chapter also compare the protection of labor dispatch in Taiwan with in China.
