Research On Joint And Several Liability System Of Labor Dispatch

Labor dispatching is a special form of employment which emerged in recent years,popular in the Labour market.Labor dispatch can not only meet the demand of the development of the project unit,also can bring more development opportunities for dispatching units,at the same time bring more jobs for workers,so popular in the Labour market.The joint and several liability applicable to dispatch,is the significant move of labor legislation in our country.In 2008,the "labor contract law" promulgated for the first time in our country,it is also the first time in our country on the legal regulation on labor dispatch joint and several liability.In the article ninety-two expressly provide the responsibilities of the workers suffer damage.But because the relationships between the various parties in the labor dispatch is different from the common form of labor,and at present our country labor dispatch legislation is not clear,so the labor dispatching joint and several liability caused many disputes in practice.Based on the labor dispatching joint and several liability as the core are studied.First of all,from the basic theoretical knowledge of labor dispatch joint and several liability,comprehensive domestic and foreign scholars on the research of the labor dispatch,summarizes the meaning and characteristic of labor dispatch;At the same time through the research of domestic scholars in establishing the joint and several liability for the labor dispatching based on the different point of view,analysis of a heavy labor relations,labor transfer process control and the dual labor relations theory and characteristics of three main ideas;Combining with the practice application of labor dispatching in the joint and several liability system,analysis the role of labor dispatch joint and several liability.Second,with the method of comparative study and analysis of typical countries the United States,Germany,Japan’s labor dispatching joint and several liability system of law,and carries on the appraisal analysis,us,Japan and Germany on labor dispatch joint and several liability regulation,have special legislation,and the applicable type of joint and several liability is clear,and the different joint and several liability provisions shall be applicable to the different damage types.Again,based on the legislative status of our country labor dispatching joint and several liability,the analysis of the dispatch of our current law the type of joint and several liability is not clear,joint and several liability applicable scope is not clear and incomplete internal recovery mechanism exists many problems.Finally,analysis of the shortcomings of the present labor legislation in our country,and to our country labor dispatching joint and several liability of joint types,the different damage types,the ultimate responsibility undertaker and bear the way put forward clear labor dispatching joint liability of joint type,laborer is different when different damage to joint and several liability,jointly and severally liable to perfect the right of recourse against the perfect Suggestions,such as to improve the system of our country labor dispatching joint and several liability provides a new train of thought,make up for the legislative vacancy in labor dispatching joint and several liability system.