Employer’s Liability Of Labor Dispatch

Employer’s liability is a very important concept in labor dispatch. Continentallaw system with a heavy labor relations as the theoretical basis, to the dispatch ofunits for true employers in labor law, assume the responsibility of employer, to sendthe unit will bear the supplementary liability. The United States of America with duallabor relations as the theoretical foundation, will send units and units of employmentfor joint employer, by their shared labor law on the liability of employer. Englishcourts created implied contract theory, to send the unit commitment by the employer’sliability. In our law only requires the dispatch organization and to send the unit shallbear joint and several liability, for specific responsibility not clear, therefore may inthe sending unit and to send the unit a dispute between. In order to solve this problem,it should be in the two sides signed the labor dispatch agreement clearly theirresponsibility, liability issues.With the labor dispatch is a new form of labor appear, because the real employerresponsibility cannot be determined from the labor dispatch labor law norms, so thatthe legitimate rights and interests of workers is subject to the possibility of harm. Inthree labor party relationship to send units and the dispatch of units often pass thebuck to be dispatched stakeholders were not maintained. Labor dispatch in China hasjust started, there are a lot of labor organizations to intermediary nominal to commitfraud, so that the interests of all parties is impaired, as in this respect of our countrylegal system is not perfect, so it is difficult to regulate this behavior. So it should be assoon as possible in the aspects of legislation, perfecting the labor dispatch employerresponsibility system, protect the legitimate rights and interests of workers.The first part of this article mainly introduces the labor dispatch employerliability are outlined, including the presentation of a case about labor dispatch and thefocus of controversy is presented, the employer’s liability of employer’s liability forthe meaning and the importance of labor dispatch. The second part is the labordispatch employer liability assumed by various theories, including sending agency employer liability theory and practice, to send the unit assumed the employer liabilitytheory and practice, dispatched agency and dispatched units to assume theresponsibility of employers in theory and practice. The last of our country are in thelabor dispatch employer liability problems and improvement.