Analyses Of The Liability Between The Dispatching Organization And The Employment Unit

In order to strengthen the competitiveness of the enterprise, they all reduce its human resources management cost so that it can satisfy its flexible work needs, labor force dispatchment as a new form of labor in the world was more common use'cause it can help to reduce HR management cost. In order to comply with this trend, Labor-contract law has established many regulations to manage dispatchment. When the dispatched-labor suffer any damage, both the dispatching organization and the employment units should be responsible for it.However,'labor contract law'did not make clear whether this joint liability should be distributed between the two employers. According to the provisions of civil law, Joint liability was defined as:'Regardless of share, regardless of the holder of the order, the obligee should be responsible for the whole debt. None of them can deny paying only because the whole debt exceeds their own share. Joint liability can be divided into two kinds: general joint liability and additional joint liability. So-called joint and several liability shall be defined as this: regardless of primary and secondary, in no particular order, all obligee should bear negative independent liability for compensation. And additional joint liability should be defined as this: between primary and secondary, only when the primary debtor is not able to repay, the other should have the liability to repay compensation to the debtor. So which kind of joint liability should be suitable for those two employers, several and joint liability or additional joint liability? I think additional joint liability should be the more suitable choice to this employers-liability distribution problem.