A Study On The Joint Liability System Of Labor Service In China

Labor dispatch is more and more concerned by people, due to its fast development momentum in recent years. The spotlight from the labor dispatch is transformed into how to regulate the labor dispatch, make it as a complementary form of employment and get healthy development. Although the labor dispatch has many advantages, such as high efficiency and low cost. There are problems in the development of labor dispatch, led to the rights and interests of the dispatched workers cannot get good protection. The Labor Contract Law which passed in 2012, modify the provisions of the labor dispatch, which includes the modification of the original article ninety-two, instead the old article of the dispatching company bear the Joint and severally liability. The provisional Rules of Labor Dispatch further defined the regulations of the Labor Contract Law about the joint and several liability of dispatching company. Joint and several liability about labor dispatch still exist many problems that worth studying, such as the particularity of joint and several liability about labor dispatch, the change of the joint and several liability of labor dispatch, and the plight of the joint and several liability in applicable of labor dispatch, and so on.On the basis of the joint and several liability in Civil and Commercial law, we can compare and analyze the particularity of the joint and several liability in The labor law. From the study of the basic theory about the dispatch joint liability of The Labor Law, we can examine the responsibility of employers in labor dispatch. Reviewing laws and regulations of the joint and several liability about labor dispatch, we can explore the development of joint and several liability about labor dispatch in our country. Through the analysis of real cases, then explore the problems existing in the joint and several liability about labor dispatch. There is on doubt that joint and several liability about labor dispatch is legal joint and several liability, the controversy is whether it is general joint and several liability or supplement joint and several liability. In addition, the ninety-second of the Labor Contract Law also exists questions about ambiguous applying. We should solve the problems about whether the labor dispatch joint and several liability belongs to general joint and several liability or supplement joint and several liability. And further clarify the different types of labor dispute on the application of ninety-second of Labor Contract Law.