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Employer's Liability In Labor Services Dispatching

Posted on:2011-05-04Degree:MasterType:Thesis
Country:ChinaCandidate:L T XuFull Text:PDF
GTID:2166330332458523Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In the year of 2003, Interpretation on Several Issues in trial of Cases of Personal Injury Damages of the Supreme People Court (Fa Shi [2003] No. 20) was made, which brought us the Rule of Employer's Liability. The application of the rule has helped the judges settle up a lot of disputes about the worker's infringement to others in duty. In the course of our economic development, Labor Services Dispatching becomes more and more popular. But the legal relationship of the Labor Service Dispatching is very complex, in which there are three parties——the dispatched agency, the user enterprise, the dispatched worker. As the employment and the use of labor force are separated, the traditional regulations of the employer's Liability come under attack. In our new Law of Responsibilities on Tort, which was promulgated in 2009, we have a special provision of Article 34, Paragraph 2 about the Rule of Employer's Liability in Labor Services Dispatching. But there are a lot of flaws in the Article 34, Paragraph 2. We should improve our Rule of Employer's Liability by using the experience of other countries for reference.The thesis is divided three parts as follows:Part one: Introduce the general theory of the Rule of Employer's Liability, based on the history, development and theoretical basis, and propose that it is justified for the employer to undertake the liability for the worker's tort in duty in order to build the foundation for the Rule of Employer's Liability in Labor Services Dispatching.Part two: The Rule of Employer's Liability is based on the employment.But in Labor Services Dispatching, it is difficult to tell the employment relationship. So we should do research on Labor Services Dispatching, referring to the Rule of"Borrowed Worker"in other countries. By comparison, I draw a conclusion that we should build our Rule of Employer's Liability in Labor Services Dispatching using the Rule of"Borrowed Worker"for reference.Part three: Build our Rule of Employer's Liability in Labor Services Dispatching. Based on the essential concern of the Rule of Employer's Liability and the Rule of"Borrowed Worker"in other countries, we should stipulate the Employer's Liabilities in Labor Services Dispatching as follows: as to the torts of dispatched worker in duty, the user enterprise undertakes the liability without fault; and the dispatched agency undertakes secondly liability without fault, different from the regulations of Article 34, Paragraph 2 in our new Law of Responsibilities on Tort. Because some restrictive regulations in the Law of Labor Contract may narrow the application of regulations of Article 34, Paragraph 2, so we should expand its application properly. And to define who the defendant is should be our problem. In this thesis, I will give my suggestions on the issues above.
Keywords/Search Tags:Employer's Liability, Labor Services Dispatching, Rule of"Borrowed worker", Secondly Liability
PDF Full Text Request
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