A Study On Employer Duty And Responsibility In The Dispatched Employment

The dispatched employment changed the traditional labor relationship between the laborer and the employer into the triangular relationship among the laborer, the dispatched work agency and the user enterprise, which made the laborer closely related with the dispatched work agency and the user enterprise and also made it difficult to efficiently allocate and guarantee employer duty and responsibility between the dispatched work agency and the user enterprise. Actually, the dispatched employment is often used to evade employer duty and responsibility, which greatly infringed the rights and interests of the laborer. Besides, if employer duty and responsibility between the dispatched work agency and the user enterprise is not equally allocated, it will cause imbalance of rights and interests, which is not legally fair. Furthermore, The Labor Contract Law(Draft) is at the consideration stage, and the dispatched employment develops quickly in China. Therefore, it is necessary and urgent to study the allocation system of employer duty and responsibility in order to guarantee employer duty and responsibility in the dispatched employment.This article mainly used the comparative analysis technique and the standard analysis technique and the real fact analysis technique. In the present thesis, the writer will investigate the allocation system of employer duty and responsibility in the dispatched employment from the perspective of protecting the rights and interests of the laborer, balancing the rights between the dispatched work agency and the user enterprise and safeguarding the labor force market.The thesis is divided into three parts. Each chapter of content abstract explanation is as follows:Chapter one is an introduction part, in which the writer analyzed the standard of dividing employer duty and responsibility in the dispatched employment and put forward the idea that the law should firstly ensure the rights and interests of the laborer, then ensure an efficient allocation of employer duty and responsibility between the dispatched work agency and the user enterprise and prevent from evading employer duty and responsibility by the dispatched employment in order to safeguard the dispatched employment market.Chapter two investigates the relationship among the laborer, the dispatched work agency and the user enterprise in the dispatched employment and concludes that the relationship between the dispatched work agency and the user enterprise should be legally regulated in order to ensure the rights and interests of the dispatched laborer.Chapter three deals with the division system of employer duty and responsibility in future dispatched employment in China. The writer presents it by comparing the regulations of employer duty and responsibility in the dispatched employment in the law of other countries and discussing the current situation of regulations of employer duty and responsibility in the dispatched employment in China.