Research On The Industrial Injury Compensation System Of The Labor Dispatching

Today the global economy has entered the era of globalization,and the competition is becoming more and more fierce in the global market.In order to maximize the profit,the global enterprises are also racking their brains to minimize the cost of labor to the maximum extent.the labor dispatch employment form is favored by the major enterprises of all ages because of the characteristics of its low cost and flexible employment form,and the form of labor dispatch employment is growing rapidly in all walks of life.As an important part of the human resources service industry,labor dispatch has obvious advantages in many aspects,such as stimulate the flexibility of employment,adjust the labor market configuration,promote industrial structure change,reduce the management costs of employers,etc.And these characteristics just meet the needs of China's economic development in modern society,so in China the form of dispatched employment has entered a period of rapid development and prosperity.However,with the team of dispatched workers is growing up in a rapid speed,the disadvantages of the form of labor dispatched employment are also increasingly exposed,and the problem of the right to work injury insurance of the dispatched laborers lacks effective protection is especially outstanding in today's society.In recent years,our relevant laws and regulations have a specialized and comprehensive regulation about labors' Injury insurance,it doesn't have an unique provision for dispatched workers.The vast majority of dispatched workers will be dispatched to front line to work,and the possibility of suffering from work-related injuries is bigger than the normal workers,however,the legislator have always Ignored the problem of their compensation for work injury,and it's full of difficulties on the way for dispatched workers to seek Injury insurance relief.In this article,I start the study from the basic theory first,analyzes the theory of the foundation of the industrial injury compensation system of the labor dispatching and the particularity of the industrial injury compensation system of the labor dispatching,then combine the current situation about the compensation system for industrial injury,and explain four problems about it:first,the provision about main body of the payment of work injury insurance premium is unreasonable;second,the provision on joint liability in work injury compensation is too general;third,the procedure of compensation for industrial injury is unreasonable;fourth,the injury insurance is easy to be broken in remote labor dispatch.Then,I have a deep analysis on the cause of the problem of the compensation system for industrial injury:first of all,the current law regulates uncleanly about the relationships among the three parties;then,universal legislation has covered up the particularity of the dispatched workers'Injury insurance;in addition,the lack of legislation and lax enforcement;at last,our dispatched workers have a low rate to join a trade union.In view of the existing problems on the compensation system for industrial injury of Chinese labor dispatch and the analysis about it,I have made a few suggestions to improve our compensation system for industrial injury:first,establish the joint guarantor liability for payment of industrial injury insurance,drawing on Germany's Legislation Experience,to protect the dispatched workers to work injury compensation claims through the establishment of joint guarantor responsibility;second,suggestions on refining the responsibility between the dispatch company and the labor company,the dispatched company and labor company shall bear joint and several liability for the dispatched workers,after that the two parts should bear their own fault corresponding to the liability,and the part without fault may recover the full amount from the part at fault;third,the labor company shall be included in the scope of application for work injury identification,in the retention of existing work injury identification application subject of the premise,employing company will be included in the scope of the main application,and at the same time the order of their application should be clearly defined;fourth,remove the labor company's subject status when it replaces the dispatch company to pay the work injury insurance premium in the remote labor dispatch;fifth,giving the administrative department of labor and social security the priority of affirming labor relations,shorten the time of identifying the industrial injury,so that their industrial injury insurance benefits will be guaranteed in a maximum degree,in the process of compensation for industrial injury,the labor and social security administrative departments shall have priority among the power subjects,improve the legislative level of the regulation to improve its legal position;sixth,strengthen the supervision and inspection power of labor administrative departments.It is an effective measure to build a health and harmonious labor market if play the administrative supervision responsibilities of the administrative supervision departments actively,make sure the legislation can be implemented correctly;seventh,to promote the responsibilities linking up between the industry association and trade unions,protect the dispatched workers' injury to work-related injury will be effective compensated;fourth,empower the Labor and Social Security Administration Department the power to confirm labor relations.