Discussion On The Sharing Of Industrial Injury Insurance Responsibility In Labor Dispatch

The starting point what I think about is when an accident occurs in the dispatched workers, how to share the workers’ compensation insurance between dispatch units and labor units can let the legitimate rights of dispatched workers get more protect from the law.In the first part, by defragmenting specific provisions of existing laws and regulations on responsibility sharing in work injury insurance in dispatch, found that the majority of the current practice is make the dispatch units to bear the work injury insurance, but local regulations have different provisions. The "Interim Provisions on labor dispatch"provides injury insurance liability borne by the dispatch unit, the legal principle lies behind this provision is the defining of the nature of dispatch, and because of these different definitions of this nature, forming the "single employer model" and "common employer model" theory. Liability for injury insurance is borne by the dispatch unit alone or the dispatch unit should share with the labor units, scholars have different theoretical perspectives.The second part elaborates and combines the above theories and controversies, and expressed the point of view is that the labor units should commitment the major responsibility in the injury insurance. The third part is argumentative this view. By analyzing the actual status of the employer of labor units, separate the control phase of dispatched workers, the principles "benefit consistent with responsibility" described borne by labor units work injury insurance has theoretically reasonable, taking the property that dispatched workers is commitment from labor units into account, labor units have better abilities of bearing the work injury insurance, and have the advantage to disperse employment risks. To consider all above, I think that labor units borne by the liability of injury insurance can protect the legitimate rights and interest of dispatched workers better.Finally, because of the sharing of injury insurance responsibility involving personal interests of dispatched workers, and avoid the danger of dispatching units and unit labor powers unknown to shirk its responsibility, I put forward that the law should stipulate the responsibility of work injury insurance is the duty of employment unit.