Employers’ Liability Of Labor Dispatch

Dispatch as a new way of employment has created tremendous value for China’s economy, but with the growing size, labor disputes of dispatch emerge. The most important reason is that employers’ liability of dispatch is not clear. So under this background of dispatch employer liability, this paper will expound it.Dispatch employer liability is the core content, but there are still many imperfections in dispatch employer liability. The legislative mode of dispatch employer liability confused and the distribution system rough. Also, dispatch lack relevant regulatory authorities in practice. In order to improve the employer liability of dispatch system, this paper first introduces the United States and Japan dispatch employer liability, and then proposes that we should adopt "common employer mode" option on the basis of the comparative summary. Employer distribution system distinguish between external liability and internal liability. External liability should give priority to workers’ rights and when it comes to internal liability, it may allow free consultation within a reasonable range. In order to perfect the dispatch liability system and safeguard the rights and interests of dispatched workers, administrative organ should strengthen the supervision.This paper uses comparative and text analysis method to study the employer liability of dispatch.Text mainly includes four parts.The first part is the introduction of employer liability of dispatch.Firstly, the paper analyzes the connotation of dispatching employer liability, then introduced the legal characteristics and the nature of dispatching employer liability.The second part uses a comparative method to study employer liability of dispatch. Firstly, I introduce the dispatch employer liability of United States and Japan, and then extract the differences between the two countries. Then I summary advantages and disadvantages. Finally, I propose some legislative suggestions.The third part is the introduction of dispatching employer liability in our country. Firstly the paper introduces the current law on the dispatch employer liability, and then points out the problems in legislation and practice. At last, it finds out the reasons.The fourth part is the suggestions to improve dispatch employer liability, including the three suggestions. Firstly, dispatch employer liability should select the "common employer model"; secondly, we should perfect distribution system of dispatch employer liability; at last, we should strengthen the supervision of labor dispatch.