Employer's Liability And Legal Risk Prevention Of Dispatched Employment

In recent years, as the development of Chinese economics and the activity of capital, it is greatly affected the field of labor relations as while, especially in the economically developed areas, the labor dispatch industry is very active.Economic development and social progress always bring new things, such as the labor dispatch, is a inevitable appearance in the process of Chinese industrial structure adjustment and industrial upgrading. Labor dispatch, as a new type of hired labor phenomenon which appears in China recent years, is different from the labor relations of the traditional two-party, employers and workers. Labor dispatch have evolved tripartite labor relations, the labor dispatching units and the dispatched people, the labor dispatching units and the employment units, the employment units and the dispatched people. The labor relations derived from Labor dispatch tend to be more complex than the formed ones, with different demands and the duties of employers are eager to be cleaned up. It is difficult to handle the related disputes considering the accountability for the past legal system, and create new challenges for the labor laws adjustment. The economic benefits made by the labor dispatching promote more and more employing units to use it significantly, also followed by the emerging disputes, With the system design flaws or if there were some deviation of the Legislative values, the employment practice of labor field will be tremendous impact and will bring numerous confusion, and then affecting the economic development and social stability. The special law for the labor dispatch has not yet issued, and the relevant legal provisions and institutional building are not perfect. It used a whole chapter, which is eleven terms to the length, of chapter 5 of the "labor contract law", official implemented in January 1,2008, of which the labor dispatch relevant issues are regulated, and reasonably regulated the labor dispatching, but for the employer is still responsibility, therefore, searching for a reasonable positioning and correct way by legislation is imminent. This article draws from the Worker Dispatch Law has enacted in United States, Japan, though the depth comparative analysis, and bring up the responsibility of employers of system improved ideas.At the same time, it cannot be ignored,although labor dispatch could retaliates the economic benefits, and staffing firms, employers, could get the win-win situation by sending personnel, labor dispatch also has its own limitations, all the parties involved in labor dispatching have to face the considerable risks, particularly, the risk for the labor unit is great and immeasurable, for example, the pattern of labor dispatching is difficult to achieve the long-term business goals; it is difficult to let enterprise and staff to keep the pace; enterprises has to face the leak of the internal confidential; enterprises bear a heavy liability of compensation risk, etc. These risks are produced by a wide range of reasons:First, the imperfect regulations related to labor dispatch laws. Although some laws and regulations were introduced by local around, the national unity legislation has not introduced, which makes dispatching unit is easy to fall into illegal status stage during access cross, such as the operating status is not clear, not subject to the approval of the business qualification, with mixed industry operational problems, as well as business risk issues; Second, employing enterprise management deficiencies. Mainly as employment units are lack of understanding of the scientific knowledge related to labor dispatching, and lack of system specifications to the positions management for the sending person. In order to prevent risks, employers should understand and aware the role of labor dispatch; enhance the verify of the qualification of the labor dispatching unites; specification dispatching rules and regulations; strengthen the management, oversight and control to dispatched person.On the one hand in this article, to the topic of employer's liability in labor dispatch, It is combined with the existing law, defines the legal relationship of the labor dispatch, the relevant theory concept and the legal characteristics, legal type, and gradually analyzes the identity of responsibility of employers finds out the responsibility principles, while back to the case 2.18, on which make the legal relations, legal disputes points and responsibility conducted in-depth analysis.On the other hand, take the existing research on the labor dispatch which is lack of employment in the risk prevention research unit as the starting point, from unit labor point of view, and make the analysis in its risks ahead and legal prevention of labor dispatch, and rationalize its labor relations, standardize the establishment of staffing firms and related obligations, with which would made the labor dispatch unites, employment units and dispatched people establish a harmonious and stable labor relations, and at last proposes specific measures to prevent risks, and make a practicable and reliable suggestion for application of the labor dispatch for the Anshan Iron and Steel Group to promote the healthy and orderly development of the labor market. This paper use listing techniques, examples of proposed method with labor dispatch practical operation of Anshan Iron and Steel Group Company, and introduce its existing conditions of labor dispatching, list the typical terms of the labor dispatch agreement. In particular take the 18 February 2010 dispatched people injured case as the main object of study, and make comments on the course of the case, the focus of controversy, treatment accordance, and treatment decisions, and make one by one assessment to the problems which contains type of dispatching legal relationship, the employer accountability, risk and employment law preventive measures, combined with the related dispatching employer liability theory. According to practice problems occurred and exist, do the best to make a review to the lack of the existing system and make targeted suggestion to the legislative improvement and system ideas.All in all, the construction of employer duties of labor dispatch system should take our nation's socialism social democracy as a hypothesis, rooted in China's current labor force status, to maintain the legitimate rights and interests for the majority dispatched people who belong to the social disadvantageous position, distribution of employer duty should be regulated.