Research On The Allocation Of Liabilities Of Worker Dispatch Service Provider And Accepting Entity

How to make the workers dispatched get appropriate legal protection is a focused topicof labor law that the social concern. It is certainly important to establish the rights of theworkers dispatched, but it is the key to detail the rights and to allocate correspondingresponsibilities to the worker dispatch service provider and accepting entity to protect theworkers dispatched. Regardless of the regulation model, it is primary to establish clear lineson liabilities of the worker dispatch service provider and accepting entity. The workersdispatched have the rights to get the wages and benefits, social security, to join the laborunion, to get a better labor health conditions. The rights should not be declared generally inlegislation. We should allocate the corresponding obligations and liabilities clearly and justly.However, in the current legislation, there are many defects in the allocation of liabilities of theworker dispatch service provider and accepting entity and it is very important to enrich andperfect it.The thesis is divided into five parts:Part one: introduce the worker dispatch, the liabilities of worker dispatch serviceprovider and accepting entity. Firstly, discuss the evolution process of worker dispatch andpoint out the characteristic of worker dispatch in our country. Secondly, make comparativeanalysis on the liability of worker dispatch service provider and accepting entity, employmentliability.Part two: analyze the nature of legal relationship between worker dispatch serviceprovider, workers dispatched and accepting entity, which is the theoretical basis on allocationof liabilities in worker dispatch. In this part, the nature and formation of legal relationship inworker dispatch is discussed, and the scholar’s view is summarized: the one dimension laborrelationship theory and dual labor relations theory. The dual labor relations theory is agreedwith and the reason is explained.Part three: the defects in allocation of liability of worker dispatch service provider andaccepting entity in the legislation. Firstly, reveal the legislative status quo from nationallegislation to local legislation. Secondly, the imperfections of the nature of legal relationshipin worker dispatch, the provision of joint liability and complementary liability is proposed. Part four: summarize joint employer mode and single employer mode on the basis ofanalyzing the provisions of United States, Japan, German, and Taiwan (region in China). Thetwo modes have their own characteristics; we should make research on the modes forreference on the basis of taking our particular situation into account.Part five: the own thinking of allocation of liability of worker dispatch service providerand accepting entity is proposed. We should consider three value orientations: protecting theworkers dispatched, balancing the interest of worker dispatch service provider and acceptingentity, maintaining the order of the worker dispatch. Under the guidance of the three valueorientations, following suggestions is put forward: ensuring the legal relationship in workerdispatch, standardizing the obligations and liabilities of worker dispatch service provider andaccepting entity from the legal aspect and the agreed aspect, improving the liability systemand strengthening supervision, enhancing the ability of undertaking the obligations of workerdispatch service provider and accepting entity. In addition, the joint liability and thecomplementary liability are refined.“Who employ who is responsible” is the ultimateprinciple in joint liability, and worker dispatch service provider should undertake no-faultliability in complementary liability.