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Research On The Allocation System Of Employer's Vicarious Liability In The Labor Force Dispatch Of Our Country

Posted on:2010-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:W X YangFull Text:PDF
GTID:2166360275994437Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, the labor force dispatch developed rapidly in China. The "Labor Contract Law of People's Republic of China" newly promulgated has also made provisions accordingly. Labor force dispatch is a new employment mode different from the traditional employment way, which involves three parties and separates using from employing. This characteristic makes law application blanks to employer's vicarious liability when the dispatched employees infringe others" civil rights because of professional acts.This paper is divided into three chapters, as follows:The first chapter is to make legal analysis of the three parties' relations. It analyses the concept of the labor force dispatch, the legal relations between the main three parties. The relation between the labor force entity and the dispatched employee is labor relation. The relation between the labor force dispatch entity and the receiving entity is civil relation. The relation between the receiving entity and employee is non -standard labor relation. The labor force dispatch entity and the receiving entity are the co-employer of the employees. In addition, it clarifies the concepts of labor relation and employment relation, and then makes a conclusion that labor relations should be included in the employment relations after analysis.The second chapter is about the allocation principles of employer's vicarious liability. It analyses the main contents and defects of our country's current tort liability system, and then introduces and analyses scholars' points on this issue. At last, it presents other countries" or regions" relevant legal systems and jurisdictional experiences.The third chapter is to construct employer's vicarious liability system in labor force dispatch. Through the study of comparative law, we argue that the principle of no-fault vicarious liability in labor force dispatch should be adopted. As for the allocation principle of employer's vicarious liability, there are two levels. On the external relations, two employers shall assume joint liability for the victims; on the internal relations, the agreement between the two employers prevails, provided that there is no agreement or agreement is not clear, specific judgments shall be made in accordance with the controlling standard and interests standard combined with the profits employers obtained, dispatching term, as well as technical abilities in specific cases.
Keywords/Search Tags:labor force dispatch, employer's vicarious liability, employment relationship
PDF Full Text Request
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