Research Questions Dispatch Square Distribution With Labor Party Liability

Dispatch as a new form of labor and employment, with the traditional form of employment only workers and employers is different, which involves dispatching party, labor party and send staff parties. The basic characteristics of labor dispatch and dispatch staff is dispatched parties signed a labor contract, but the object of providing paid labor is labor units. In other words, there is no labor contract sent between employees and labor parties. It is because of this kind of employment and use of labor dispatch separation particularity makes the allocation of responsibilities and labor dispatch square between the parties become the focus of disputes handled dispatch and difficult. Of January 1,2008 implementation of the "Labor Contract Law" on the dispatch of this form of employment regulation were allocated on the dispatch side and the labor party liability, the provisions of section 92 of the Act dispatch party liable for compensation and labor parties responsibility. In the "Labor Contract Law" implementation process, dispatching party and labor party mutual buck-passing phenomenon often occurs in practice become difficult. In order to further improve our dispatch system, December 28,2012, the thirtieth session of the National People’s Congress passed the "Labor Contract Law Amendment" on the issue of employment in the dispatch side and responsibilities assigned side, the old provisions of dispatch shall bear joint and several liability with the labor party revised dispatch shall bear joint and several liability in the labor party infringement. The amendment has come into force on July 1,2013. But the dispatch side and labor provisions on joint and several liability side, is still the focus of concern academics and practitioners.Based on the experience of other countries or regions with labor dispatch responsibility model, based on the provisions for the dispatch of employment with the use of a separate feature, clear the dispatch side and labor parties to send staff responsibility to dual labor relations, said the joint responsibility as the theoretical basis, select and labor dispatching joint responsibility model. Employment process transactional matters party liability borne by the dispatch, employment process in accordance with the agreed deal with substantive matters dispatch protocol, in dispatch protocol when there is no agreement or the agreement is not clear from the dispatch parties shared responsibility and labor parties. The paper is divided into five parts, each chapter is summarized as follows:The first part of the dispatch from three different types of dispute cases start, leads article studies the problem-the dispatch labor party research questions and assign responsibilities. The author of the problem by combing different scholars research perspective, building research papers and ideas.The second part of the different theories about the labor dispatching party liability allocation issues at home and abroad are introduced and assessment. From the theory point of view, including the sending party liability that labor party liability and joint responsibility to say that this three theories. By analyzing the pros and cons of different theories, this paper considers the common responsibility of dual labor relations, said more in line with the actual needs of the labor dispatch, dispatch should become the party of labor party responsibility model realistic choice.The third part of Germany, Japan dispatched party liability legislation model, labor party liability legislation in Taiwan and the United States co-responsibility model legislative model interpretation and analysis, in order to send our party liability side labor and employment distribution by reference.The fourth part describes our current "Labor Contract Law" concerning the dispatch side and labor parties on the basis of joint and several liability provisions, interpreted from the perspective of joint and several liability of the existing problems.The fifth part in the analysis of labor and employment sending Party on the basis of joint and several liability, labor relations proposed to double the theoretical basis of the common responsibility of said selected joint responsibility model the allocation of responsibilities between the dispatch side with labor party. The distinction between employment process transactional matters of substance, distribution design different responsibilities to provide reference to the relevant legislation and judicial practice.