On The Industrial Injury Compensation In The Labor Dispatching

The Labor Dispatching is a kind of new recruit and use style for agile employment,it different from the traditional labor relations on the employment forms.When injury accident happens to the dispatched labor, the service dispatched units and the employing units are the subjects of the lability.By the article92and article35of The Labor Contract Law, the service dispatched units and the employing units undertake joint liability, but lack of necessary judicial interpretation about "caused harm to the dispatched workers",whether the "harm" includes the industrial injury is definite. The service dispatched units and the employing units tended to shirk the responsibility each other.And the compensation for industrial injury presenting multiple adjustment mechanism, it is not only related to disability insurance, but also involved tort liability and liability insurance.While the legal relations between the three parties of Labor dispatch were different from the traditional labor relations, so the compensation for industrial injury of Labor dispatching has its particularity.With the help of Economic Game Theory, analyzed the interests of three parties in Labor dispatching in industrial injury disputes. The results showed that the reason of the abnormal gambling model is the weakening of the legal relations of Labor dispatching between three parties.At the same time,it is the cause of the abnormal gambling model and the legal dilemma of industrial injury of Labor dispatching. The dispatched workers didn’t enjoy the same level of treatment as the traditional labors.They always had no disability insurance or had disability insurance in other place.When injury accident happens,they could not receive the compensation.According to the deficiencies of our legal provision,and the relevant provisions of The Labor Contract Law of the amendment,it needs to give the same treatment to the dispatched workers as the traditional labors.With the rapid development of market economy,it meets the needs of agile employment of company,and it becomes one way of human resource management to reduce the cost and control risk. Because of China’s national special conditions, the Labor dispatching experienced from strictly prohibited to encourage its development,and then to the strictly control of the development processes.However, the legal regulations of Labor Dispatching is immature in our country, the service dispatched units and the employing units didn’t protect the rights of safety production of the dispatched workers very well.When injury accident happens,the service dispatched units and the employing units tended to shirk the responsibility each other. And there is single labor relation in Labor Dispatching, there is no labor relation between the employing units and the dispatched workers.While the service dispatched units and the employing units undertake joint liability.In principle,the service dispatched units pay the industrial injury insurance,unless otherwise convention between the two.Our country need to strengthen the legal relations between three parties,and improve the quality of regulatory systems.Only in this way can we protect the labor’s right of Labor Dispatching,when the dispatched labors suffered industrial injury.