On The Employer’s Responsibility In Labor Dispatch In China

The "labor contract law" implemented in 2008 established the status of labor dispatch in this law,according to which labor dispatch has a clear application basis.Labor dispatching in the legal relationship is not a one-way,contains triple relationship,if the dispatched laborer encounters violation,or causes damage to others in the dispatched workers work,dispatching units in the bearing of the two units responsible way compared with general labor relationship,significantly more complex,the employer liability is involved.Compared with other countries,China’s employer responsibility system was established relatively late.The interpretation of the supreme people’s court on some issues concerning the application of the law in the case of compensation for personal injury was the first to clarify the judicial interpretation of the employer’s liability in the form of substantive law in China,stipulating that the employer shall be liable for the injury caused by the employee in the course of duty.Later,the tort liability law implemented provides a special chapter on the assumption of tort liability of special subjects,which makes up for the absence of provisions on the infringement of special subjects in the employer’s liability,and provides an applicable basis for the assumption of employer’s liability in China’s labor dispatch.This series of relevant laws and regulations all show that the legal system is becoming more and more humanized.However,due to the short development period of labor dispatching in China and the lack of regulations in China,the content of relevant laws and regulations is shallow and the incomplete supporting laws and regulations fail to cover some new situations in reality.The immaturity of China’s labor market has led to some negative effects in the labor dispatch industry,which is not conducive to the rights protection of the dispatched workers and the exercise of the rights and responsibilities of the labor dispatch units and the employing units.It also has certain influence on the stability of the labor market.There are still some problems that need to be solved in the actual operation.The first chapter introduces the origin,concept,application and special structure of labor dispatch in China.Then,from the origin and concept of employer’s liability,it introduces two different legal names of employer’s liability and employer’s vicarious liability and the differences between them,and briefly discusses employer’s liability in a broad sense and employer’s liability in a narrow sense,so as to introduce the connotation and extension of employer’s liability in labor dispatch.After that,it introduces some basic theories on the responsibility of employers in labor dispatching,interprets different theories on labor relations in labor dispatching,analyzes the differences and similarities,and puts forward some opinions on the legal relationship of labor dispatching.The third chapter summarizes the current legal provisions of employer’s liability in China,discusses the deficiencies,and points out the four deficiencies of employer’s liability system in China’s labor dispatch,and gives an example based on the local judicial cases in guangxi.The fourth chapter is mainly based on the comparison between the us and Japan’s legislation on the responsibility of employers of labor dispatching,to extract the advanced legislative practices of the two countries,so as to meet the needs of China’s national conditions.In other words,it is necessary to regulate the dispatching agreement and clarify the rights and responsibilities of the dispatching units and the accepting units.Finally,on the basis of the above discussion,the author puts forward four Suggestions to improve the employer’s responsibility.It is proposed to establish the mode of "joint employer" in legislation,clarify the rights and responsibilities of the two employers,and clarify the right of recourse after one of the employers assumes the responsibility,so as to strengthen the supervision of labor dispatching units in legislation.Along with deepening of reform and opening up and the improvement of social labor security system and the change of employee’s employment concept,labor dispatching accepted by more and more enterprise and laborer,as one of the way of market allocation of human resources,on the civil liability bear the way still have some questions waiting to solve,especially some of form a complete set of laws and regulations and the theory related to the issue all exist some disadvantages.In labor dispatch,there are still some ACTS called labor dispatch,which actually evade legal constraints in this form,so as to achieve illegal purposes.These behaviors are completely contrary to the starting point of the labor dispatch system,and are also unfavorable to the protection and rights protection of the dispatched workers.Therefore,it is necessary to improve the employer’s responsibility system in labor dispatch.