Research On Employers' Liability In Chinese Labor Dispatch

The dispatched employment is a new phenomenon in our employment market recently.It develops very quickly and has been one effective way of labor resources in our employment market.The dispatched employment includes three subjects:the laborer, the dispatched work agency and the user enterprise.It is very important to safeguard legal right of laborer how to bear the responsibility to laborer.However,there are many defects in our law institution of the employment responsibility,and it is very imperative to perfect it.The thesis is divided into four parts:Part one:comment and recommendation of the dispatched employment.Firstly,it is to discover the nature of employer by explanation of the dispatched employment and employer responsibility,witch includes responsibility of civil law and economic law.The extent of responsibility is more extensive than it of civil law.Secondly,the value of study on the employer responsibility of dispatched employment is analyzed.The employer responsibility is allocated between the dispatched work agency and the user enterprise in the condition of thoroughly protecting the legal right of worker.It will become true to healthily develop the dispatched employment market and promote our economy and society progress after the subject becomes true.Part two:the foundation of statute theory of dispatched employment.It is to analyze the statute relation nature of the three subjects of dispatched employment,which is the theory basis of analyzing and founding of employer responsibility in the latter part of dissertation.Scholars have the same standpoint on relations between the dispatched agency and the laborer,and relation between the dispatched agency and the user enterprise,but there are many disagreements on the relation between the laborer and the user enterprise.Therefore,it is to analyze the different standpoints of the scholars and abstract four theories.The writer express the standpoint which to uphold.Part three:it is to analyze the present theoretic situation of study on the employer responsibility,and analyze and point the problem of allocation of the employer responsibility in the dispatched employment on the basin of combining the relative prescription in our labor contract law. Part four:it is important point how to set up the reasonable institution of the dispatched employment aiming at the problems in our labor contract law.Method of the employer responsibility is analyzed and expounded,which include extent of the employer responsibility,rule of bearing responsibility and way of bearing responsibility. Besides,the writer gives same suggestions on how to improve the relative institution of the employer responsibility of the dispatched employment in our labor contract law.The aim is to make same contribution for perfecting the dispatched employment and protect the legal right of laborer.