论代工工厂模式的法律规制

On the Legal Regulation of the OEM Factories Model

近年来,我国代工工厂与日俱增,在促进就业和增加税收的同时,也引发了环境污染、工人自杀、工厂爆炸、工伤等一系列社会问题,备受公众和学界的关注,建议出台相关法律对代工工厂模式进行规制。事实上,解决这个问题的关键在于如何认定原始设计制造商与代工工厂及其劳动者的法律关系,它们既相互独立又存在一定管理和被管理关系。因此,应当以雇佣合同对代工工厂模式进行具体的法律规制,从而明确代工雇佣合同的内涵、特征、法律效力。当损害发生时,通过损害赔偿请求权来保障代工工厂、劳动者、第三人的合法权益,促进代工工厂在中国健康、和谐发展。

In recent years, the OEM factories in China are getting more and more increasingly, which also leads to a series of social problems of environmental pollution, workers＇ suicide, factory explosions and injury as well as promotes employments and increases tax revenue , which draws the public and academia＇ s widespread attention , they recommend that laws concerned shoud be come out to supervise the OEM factories. In fact, the key to solve this problem lies in how to identify the legal relationship of the original design manufacturer and the OEM facto- ries and workers, they are both independent each other and there are certain managing and managed relationship. Therefore, we should apply the employment contract to the OEM factory mode in order to make specific legal regula- tions, so that we can learn clearly the connotation, features, and legal force of the OEM employment contract, when a series of social problems happen ,we may protect the legal rights and interests of the OEM factory, workers and third-party through the employee claiming for damage rights and the employer fulfilling their damage obligations so as to promote the OEM factory mode to develope healthily and harmoniously in China.