Research On The Work Injury Compensation Insurance Liability For Employer-end Under The Double Employment Relationship

Under the double employment relationship,how to define the work injury compensation insurance liability is difficult in labor disputes.This paper aims to give a solution on defining the responsibility under the double employment relationship,collecting a large number of relevant materials through various law books,CNKI and other internet resources,and also analyzing the results of judicial cases about work injury compensation insurance liability disputes under double employment relationship.This paper compares the differences in term of employers taking the responsibility under the double employment relationship,discussing and illustrating the distinctions,and summarizes collected materials.With detailed study,this paper finds that in general the employer which the injured employee work for at the time takes the responsibility of paying the work injury compensation insurance.Through studying on massive judicial cases,in practice,the real labor market is complex and the labor formats are changing everyday.Sometimes it is difficult to accurately and fairly determine which employer is managing the injured workers and for which the injured worker provided labor force.Therefore,referring to the "common employer’s liability" from the United States,the author puts forward the joint-liability system for the two employers.When the specific subject of liability cannot be determined,the two employers shall bear joint-liability;referring to the judicial cases,the author puts forward the supplementary liability system.In this system,the employer is fault,and bears supplementary liability for the employee’s work injury insurance liability based on the subjective maliciousness.This paper will help accurately identify the subject of work injury compensation insurance liability under double employment relationship,and it is significant to solve the disputes of work injury compensation insurance liability under double employment relationship in practice.