Legal Research On The Employer’s Liability Of Labor Dispatch

The labor dispatch industry in our country has been rapid development in recent years.The number of labor outsourcing company increases rapidly in a period of time. It’s favoredby a lot of enterprises because of the saving cost and convenient advantage. The labordispatch not only provides more job opportunities for workers, but also let the enterprisessaving cost. For workers and enterprises, the labor dispatch is a good choice. So identify theemployer’s status in traditional employment mode and bear the employer’s responsibilitybecome a problem because of the three main parts in dispatch relationship.Our labor contract law formulates a chapter contents for the labor dispatch, but it lacksthe clause about the responsibility of employers, and some clauses are not reasonable.Especially the ninety-second clause of the labor contract that says the dispatch unit and thelabor service assume the joint compensation responsibility is questioned by people. Thelawmakers have already noticed the problem. Therefore the labor contract amendment madein2012December has modified some relevant clauses. And it excludes the circumstances thatlabor units assume the joint and several liabilities. This modify refines the scope of joint andseveral liabilities, and it determines the dispatch unit as the employer’s liability position. Buton the other hand, it still evades the employment unit’s status in the dispatch relationship. Andit increases the dispatch unit’s responsibility. How to balance the interests between the threeparties and how to distribute the employer’s liability is the focal point of my research.This paper writes from the related problems about employer’s liability in labor dispatch;introduce the labor dispatch’s special characteristic. And the same time this paper summarythe nature of legal relationship of the three parties in labor dispatch; in order to clarify thecomplex relationship between the main bodies in the existing system; provide a theoreticalbasis for the establishment of employer’s reasonability. Secondly introduce and compare thetwo patterns of employer’s liability simply; during by analysis the legal system of differentcountries provides some references for our country. Lastly this paper analyzes the presentsituation of our employer liability of labor dispatch. And put forward the legislativesuggestion.