Research On The Joint Responsibility Mechanism In China's Labor Dispatch System

Labor dispatch employment mode and legal system originated from European and American countries.In view of its unique advantages in line with the needs of the rapid development of the reform and opening society and economy,China introduced such a complex employment mode in the 1990 s,which exposed many problems in the current judicial situation of China while being used in a wide range.Article 92 of the labor contract law implemented in 2008 established joint and several liability of labor dispatch in legislation for the first time.Due to the inoperability of this provision in judicial practice and the different understanding of judicial organs,the amendment to the labor contract law was issued in 2013 in response to the above situations,which limited the former employers and employers to assume joint and several liability with the employer only when the employer has infringement.Article 20 of the interim provisions on labor dispatch released in 2014 is only a restatement of article 92,and there are no innovative or detailed provisions.However,it still does not positively confirm the legal status of the employing unit in the legal relationship of labor dispatch from the perspective of legislation,nor does it specifically stipulate the type of liability of the employing unit and the employing unit when they undertake joint and several liabilities and the subsequent internal recourse processing mechanism.As a result,judicial organs in different regions have different understandings of the provisions and different judgment results.Based on Chinese current law on labor dispatch joint and several liability on the basis of comparison,points out the deficiency of our country labor dispatch the current legislation,combined with the social development of the latest,to our country labor dispatching system of joint and several liability responsibility category,the applicable scope,improving Suggestions internal recovery mechanism,for provide certain help to the development of the our country labor dispatch system.