Research On Joint And Several Liability Of The Labor Law

joint and several liability is an important legislation in legal system, is a increased responsibility, and only the law expressly provides or the parties to be strict when expressly agreed to use, its purpose is the extent permitted by law, compensation for damage relief party rights to ensure maximum access to and satisfaction. joint and several liability by increasing the liability of the party, effectively protect the legitimate rights and interests relative.On the labor law on joint and several liability, China's labor legislation provide the principle of general provisions, the main provisions of the two, first is a dual labor relations issues arising from joint and several liability, the enactment of legislation is the Labor Law Article 99 (employer hires the worker does not terminate the labor contract, the original economic losses caused by the employer, the employer shall bear joint and several liability) and the Labor Contract Law 91 (employer hires and other personnel unit has been dissolved or terminated contract laborers, to the loss of other employer shall bear joint and several liability). The second is the dispatching problem arising from joint and several liability, the labor contract law legislation of Article 92 (dispatch violates this Law, the labor administrative department and other relevant competent departments shall order rectification; the circumstances are serious, to more than 1000 yuan per person below the standard of 5000 yuan fine, by the industrial and commercial administration to revoke the business license;to damage the dispatched workers, labor dispatching units and the employer shall assume joint and several liability), both on the labor law on joint and several liability provisions, no doubt reflecting the legislators on labor relations rights and obligations of the parties as a subjective approach, that is the need to strengthen the management of labor relations, must be strictly binding on the parties to fully protect workers and the employer rights, regardless of whether the employer is at fault, and increased significantly restricted the liability of the employer, then such legislation is reasonable and whether patients truly relief workers rights? This paper attempts to analyze these two kinds of joint and several liability and deconstruction, drawing legislation of foreign countries, look at the characteristics of China's legislation and values in order to improve both joint and several liability provisions, truly the intention of legislators.This paper is divided into introduction, body and conclusions of the three parts of the body is divided into three chapters.Introduction expounds the background and significance of this study, domestic and international labor law on joint and several liability of the research survey, this study points out the ideas and innovation.Chapterâ… is mainly concern about the basic information of joint and several liability. Through the concept of joint and several liability, Components, cause analysis to explain the general mechanism of joint and several liability. Then on Labor Law Legislation of joint and several liability, joint and several liability on the consideration of labor law legislation the value, revealing the value of the labor law as a manifestation of social law and labor law, joint and several liability to protect the fairness and efficiency of implementation. The chapter concludes with a brief joint and several liability of the type of labor law, elaborated on China's legislation in the three types of joint and several liability.Chapter II of the joint and several liability resulting from dual labor and to analyze its composition. First, the dual labor relations have narrow and broad sense, narrow sense refers only to the dual labor relations, generally refers to the multiple labor relations. Based on practice and the development trend of labor relations, dual labor relation is defined multiple labor relations more scientific. Meanwhile, the dual labor relations practice and legislation in our country there is no direct provision, which also led to the practice of dual labor relations in the great limitations. In explaining the main part of this chapter, other countries and regions in the dual labor legislation of joint and several liability, while the double work of joint and several liability by the legislative purpose is to safeguard the normal order of market competition, promoting the harmonious development of labor relations. Joint responsibility of both labor and then the specific rules of limitation is the lack of positive identification of dual labor relations legislation. In the final chapter, the dual responsibility of work identified in the joint and several liability on the slightly confusing and difficult, first of all do not recognize dual labor relations will lead to confusion and conflicts in judicial practice, followed by the loss of the original employer to define the cause of joint and several liability is a double work a difficult point, and finally the establishment of the dual labor relations when the obligation of informing workers and new employers have the right to know is questionable and difficult problems.Chapterâ…¢discusses the result of our service to send the status of the joint and several liability and legislation review. This chapter first introduces the phenomenon is the origin of our dispatching and its diverse and complex phenomenon to explore the way of dispatching the labor rights and interests of laborers positive and negative effects. Comments on joint and several liability to dispatch the necessary legislative justification and rationality. Legislation on joint and several liability come to dispatch social attribute, to achieve a fair and meaningful labor law on the efficiency of the value. Next, the "Labor Contract Law" in the dispatch of specific rules in brief, come to the establishment of conditions for dispatching organization that is relatively low barriers to entry, is dispatched workers of the labor contract is unreasonable, the employer shall assume heavy duty non-equity, employment units were dispatched workers and the nature of the legal relationship is not clear, the dispatch position was too narrow for a series of problems such as the conclusion. Finally the composition of dispatching elements of joint and several liability, as well as joint and several liability of the service to send a specific application, that is, unit labor dispatching units and joint and several liability is a two-way, add the inadequacy of existing legislation. And the chapter discusses the dispatch application of joint and several liability and recovery system. That should distinguish between units and dispatch labor units jointly and severally liable.The main conclusion of labor relations for the dual joint and several liability and the dispatch of joint and several liability, a clear-cut first should be made explicit as early as possible to establish the legitimacy of both labor relations and legitimacy and the use of legislation to define the relationship between the nature of the dispatch, that future Legislative direction and related problem solving ideas.