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Research On The Employer Liability In Labor Dispatch

Posted on:2015-02-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y N GaoFull Text:PDF
GTID:2266330422469575Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Labor dispatch as a new way of labor not only loweres the cost of the project unit ofchoose and employ persons, but also implements the dispatch non-productive labor affairsmanagement specialization, more conducive to laborer of flexible obtain employment, solvedthe partial unemployment crisis. So it has developed rapidly in the labor market in our countryin recent years. But, a lot of labor dispatching labor infringement problems has followed.Employers and dispatching units using the labor dispatching employment form to evade thelegal obligations, escape the legal responsibility and seriously damage the legitimate rightsand interests of workers and the third person. At present in the field of labor dispatching,relevant laws and regulations in our country is still not perfect, the labor dispatching rules ofemployer liability mainly in "labor contract law", For the dispatched staff others to causedamage to the problem of only in the tort liability law stipulated in article34, little relatedsupporting the implementation of law, many problems brought to justice. Therefore, thisarticle mainly to the dispatched workers in the labor dispatch in the process of work tasks tostudy the damage to the third person of the employer liability.The core content of this article is for the dispatched workers in the labor dispatch in theprocess of performing their duties to others when sending unit and studies the responsibilityshare of the unit that use worker worker. According to the provisions of article34, the tortliability act first foreign infringement responsibility by unit of choose and employ persons, Inthe unit of choose and employ persons cannot afford or with all its property be insufficient toassume by sending unit only in the corresponding supplementary liability within the scope offault. In this article, the unit of choose and employ persons of the tort liability and dispatchthe corresponding supplementary liability have carried on the detailed analysis and research.Unit of choose and employ persons and dispatch of responsibility shared by their position andthe relationship with the dispatched staff decision, The tort liability act of sharing model hasvery strong rationality, filling the blank of the law. But its still exists deficiencies, there aremany disputes in the process of apply, such as dispatch of defense problems, dispatch problem of fault, dispatch units and employment units of the right of recourse against the problem ofthe dispatched workers, the duty behavior defining the problem, the scope and duration labordispatching problems, bringing some obstacles to judicial practice. In this paper, the authoranalyzes the corresponding research on these problems, and puts forward its own views andcorresponding perfecting suggestion.
Keywords/Search Tags:labor dispatch, employer responsibility, "Tort Liability Act", labor dispatched staff
PDF Full Text Request
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