The Research On The Third Party’s Infringement On Labor’s Claims

In this paper, from the Tang Yueqing training contract dispute caused by the problem of the third person responsibility, to discuss the universality of the third person infringement of creditor’s rights of labor phenomenon exists and the necessity of legal protection system, to the third party infringement of creditor’s rights of labor theory for deep step of the research. Around this point, this paper will be divided into five parts.The first part, by the relevant third party claims against the labor dispute to start specific case, according to the time of the judgment to analyze the "third person" liability issues, and comparative analysis with the development of the times and the "Labor Contract Law" 91 the promulgation of understanding for how such cases should be changed to adjust. The second part discusses the "third person" to assume responsibility in case from further violations of labor leads to a third party creditor theory, and discussed its theoretical basis and value meaning of existence; the third part, mainly through the "Labor Contract law " specific provisions of Article 91 to specific analysis of third party infringing elements labor claims were analyzed separately discuss their particular subject, object, behavior, subjective and other constituent elements of the infringement and the general terms of constituent elements in order to further strengthen labor claims against a third person understanding and grasp; the fourth part, mainly from labor claims against the third party to the legal consequences of the discussion with case workers in labor claims against the third party, the employer and the third party role distribution and responsibility more clearly shows a third person against the rationality and necessity of labor claims; fifth part, relying on the socialist concept of rule of law and other relevant guidelines Conception of third party claims against the labor law remedies and their corresponding exemption subject to ensure the fair and equitable between civil subjects altogether positive, further improve labor claims against the third party system.