Research On The Joint And Several Liability For Damages Of The Dispatched Workers

The Article92of the Labor Contract Law is "to damage the dispatched workers, labor dispatching units and the employer shall assume joint and several liability". Thence, the joint responsibility taken by the labor dispatching units and the employer had been defined into joint and several liability. But there are still some problems:there is no distinguish between the employers’ liability of the labor dispatching units and employers’ liability of the employer; also there is no regulation for burdening the inner liability after the external liability. Through learning from the relevant law in foreign areas, we can improve it as follow:the inner liability could be shared according to the negotiation between the labor dispatching units and the employer after bearing the external liability. If there is no negotiation in the contract, the inner liability could be shared according to both sides’duty in the labor law. The duty such as Signing a contract, management in the Process of non-production could be burdened by labor dispatching units, and the duty produced in the Process of production should be burdened by the employers.