Research On Joint And Several Liability In Labor Dispatching

The introduction of joint and several liability to the labor dispatching reveals problems of the current situation of judicature in China while innovating the legislation. It was the “Labor Contract Law” implemented in 2008 that firstly established the joint and several liability in labor dispatching, in which the subject who should be responsible for the injured dispatched laborer was clearly stipulated in the article 92. Henceforth, the joint and several liability were legislated. However, it is still in short of feasibility in terms of juridical practices. Scholars at home have been conducting intensive studies on exploring its rationality. “The Amendment to the Labor Contract Law” revised the article in 2013, which provides an opportunity for the author to explore its implication and fundamental on the basis of present legal regulations of joint and several liability in labor dispatching and to present the deficiencies in the law through comparing and analyzing. Furthermore, by employing the legislation experience of western countries and Chinese Taiwan for reference in accordance with the specific situation of China’s mainland the author endeavors to make pertinent suggestions on its pale, category, the ultimate responsibility undertaker and the methods of bearing liability of in order to make due contribution to improve the legal regulation of joint and several liability in labor dispatching and to maintain its purity. The paper consists of 3 chapters.Chapter One discusses the implication and fundamental of the joint and several liability in labor dispatching. The implications of labor dispatching and joint and several liability are expounded respectively in the first place, then those of the integration of the two. Secondly, fundamental of the establishment of joint and several liability in labor dispatching is discussed based on the introduction of the features of the legal relationship among the three subjects and the joint and several liability.Chapter Two mainly discusses the current situation of joint and several liability in labor dispatching in China and reveals the problem. And such four problems as the ambiguity of scope of implication, categories, ultimate responsibility undertaker and methods of bearing liability are identified by using induction, comparison analysis and inference methods.Chapter Three puts forward several suggestions on the four problems incorporating the legislation experience of western countries and Chinese Taiwan. Firstly, on the scope of two units undertaking the responsibility, the author suggests that specific claims of joint liability shall be rendered and a detailed and actual analysis shall be practiced particularly in terms of remuneration, social insurance and economic compensation. Secondly, the author indicates the joint and several liability being either the legal joint and several liability or unilateral joint and several liability, and the general joint and several liability and supplementary liability shall be integrated in the cases of juridical practices. For the ultimate responsibility undertaker, the author believes that one can seek compensation to the other party according to the labor dispatching contact after the two parties both have performed the joint and several liability. In the case where there is certain ambiguity in the contract, the two parties shall undertake the responsibility under the principle of “he who get benefits or commit tort undertakes liability”. Last but not the least, the methods of bearing liability of the joint and several liability in labor dispatching in China shall be improved in civil as well as criminal front and administration.