Research On The Joint And Several Liability Of Labor Dispatch

Due to its own flexible characteristics, the labor dispatch has become an important employment form, playing a key role in solving the re-employment problem of such disadvantaged groups in new situations as peasant workers immigrated to towns and laid-off workers. Since the Labour Contract Law regulated labor dispatch in 2008, legislators have always insisted that the dispatch unit and employment unit should take the joint and several liability for injuries of the dispatched laborers. The aggravating liability displays labor laws begin to favour the disadvantaged dispatched laborers. In 2012, the amendment of Labour Contract Law made slight modifications to the joint and several liability of employers. However, a small discrepancy leads to a great error. Adhering to joint liability, legislators showed what transformations of value orientation in allocating and adjusting the liability between the dispatch unit and the employment unit? How to use the joint and several liability of the employer stipulated by current laws in judicial practice has also become the disputed focus for the academic and the practitioner circle. This thesis consists of four parts: In the first part, this thesis starts with cases of legal adjudication and judgement, explaining different people hold different views towards the basis and judgement of the court due to their different interpretations. The disputed focus is how to interpret and apply the joint compensation liability stipulated by the No. 92 Article of Labour Contract Law issued in 2012. In the second part, this thesis talks about the legal principle basis that application of the joint and several liability of the labor dispatch. Compared with traditional employment, the three subjects of law relationships in the labor dispatch is the root that application of the joint and several liability. In addition, this thesis expounds and compares the theoretically disputed law relationship doctrine of labor dispatch. In the third part, this thesis discuss the present situation of the joint and several liability in labor dispatch and references for experiences of other countries. The key points are to define the compensation liability and distinguish the obligation from liability in the labor dispatch. The stipulations of joint and several liability in the No. 92 Article Labour ContractLaw should be interpreted on this basis. This thesis also introduces the stipulations concerning liability allocation for employer of labor dispatch in several countries and areas. In the fourth part, this thesis firstly turns to the cases and responses to the disputes of the judgement. At the same time, it also points out the present problems of laws concerning joint and several liability of labor dispatch in the practice and comes up with brief suggestions for perfection.