劳务派遣,是由派遣人与劳动者签订劳务派遣合同,再与要派人签订要派合同,将劳动者派至要派人的工作场所内劳动,接受要派人的指挥。派遣人向劳动者支付工资、福利,替其缴纳社会保险费用,要派人负责提供劳动条件并对劳动者行使指挥权与管理权的用工形式。“雇佣”和“使用”相分离是劳务派遣的最大特征。近年来劳动力市场出现的这种新现象,其发展势头越来越猛,已经成为各国劳动力市场资源配置的有效方式之一。作为一种新型用工方式,劳务派遣改变了传统劳动关系中用人单位与劳动者之间的法律地位,使被派遣劳动者不仅受到派遣单位,而且要受到用工单位的双重约束,而其作为劳动者所享受的基本劳动权利也应当在这种复杂的关系中得到应有的保护。因此,本文从分析劳务派遣法律关系的性质入手,在相关法律制度及判例的基础上,探讨德国劳务派遣中派遣人以及要派人应当承担的相应的法律责任,以期更好地保护劳动者权利。 Labor dispatching, the dispatcher and laborer signed the labor dispatch contract, and then sent to sign the contract to be sent to the workers sent to the workforce to send someone to accept the command to send someone. The sending person pays wages and benefits to laborers and pays social insurance premiums for them. He or she must send people to work in the form of employment that is responsible for providing working conditions and exercising command and control over laborers. The separation of “employment” and “use” is the most prominent feature of labor dispatch. In recent years, this new phenomenon in the labor market has gained momentum and has become one of the most effective ways to allocate resources in the labor market in various countries. As a new mode of employment, labor dispatch changed the legal status between the employer and the laborer in the traditional labor relations so that the dispatched laborer was not only dispatched by the employer, but also subject to the double restriction of the employer. As a laborer The basic labor rights enjoyed should also receive due protection in this complex relationship. Therefore, based on the analysis of the nature of the legal relationship of labor dispatch, this article explores the corresponding legal liability that should be assumed by dispatched workers and dispatched workers in German labor dispatch on the basis of relevant legal systems and precedents so as to better protect the rights of workers .