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Research On Liabilities For The Duty Tort Of A Dispatched Employee

Posted on:2009-05-16Degree:MasterType:Thesis
Country:ChinaCandidate:N X YinFull Text:PDF
GTID:2166360272455675Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The liabilities for the duty tort of a dispatched employee is the staffing firm or the potential staffing firm assumes liabilities on the duty tort of a dispatched employee. With the promulgation of《Law of Employment Contracts》, research thoroughly on the employment dispatching is necessary, the lawmaking trends is on enlarging the employer's liabilities. In this thesis the author advocates the establishment of the system of the liabilities for the duty tort of a dispatched employee in China, and discussed some theoretical problems relating to the system, using comparative analysis and empirical research.There are four parts in the body. In the first part, the author analyses the basic legal relationships of the labor dispatching, and advocate quasi-dual employment relationships as the basis for the further research. The second part is about the attributed responsibility principles of imputation. This thesis analyzes and evaluates the application of the three types of attributed responsibility principles of liability of the employer in the foreign countries: strict principle, negligence presumption principle, the principle of the combination of negligence presumption principle and equitable principle. We should deal with such case according to the principle--strict principle. The third part is about the constituent elements of the liabilities for the duty tort of a dispatched employee. There are two special constituent elements: duty performance and dispatched employee' tort. This thesis studied the judgments of two constituent elements of the liability of employers, using comparative analysis. According to this, the author offered the judgments of two constituent elements. The author also analyzed the particular types of the constituent elements. The forth part is about the blueprint of legislation. Owing to the inadequacy of our existing legislation in our country, when setting up the system of the liabilities for the duty tort of a dispatched employee, we should design the specific provisions through two parts: substantive law and procedure law.
Keywords/Search Tags:labor dispatching, quasi-dual employment relationship, duty perfor-mance, quasi-employer
PDF Full Text Request
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