Study On Legal Problems Of Dispatch Labor’s Employment Injury Insurance In China

In recent years, Employment injury insurance legal system plays a very important role in protecting the employment injury insurance rights of dispatch labor. But this problem of dispatch labor who is a very special working group are generally ignored by the whole community. In this article, author decide to begin with analyzing the basic theory of dispatch labor, then combined with China’s current situation of employment injury insurance attendance, employment injury identified and employment injury insurance treatment of dispatch labor. Three main problems of dispatch labor will be described in detail. At first, Only labor export unit has been included in the subject who has the duty to attend employment injury insurance for dispatch labor, the labor input unit are not included in. At second, dispatch labor only has 1 year for them to apply for identification of injury accident; The subject who has the rights to apply for identification of injury accident only included in labor export unit, labor input unit has been sidelined. At third, the range of employment injury insurance treatment is too narrow; The proportion of employment injury prevention treatment and rehabilitation treatment are very low; The employment injury insurance treatment has not been completely social sharing.To solve these problems, author has put forward the corresponding solution path: To solve the problem of subject for attending the employment injury insurance, advantage principle and individual treatment should be used. To solve the problem of identification of injury accident,we should still make the 1 year as principle, but we can extend some time for dispatch labor for identifying injury accident in some special cases; Also we should give rights for identifying injury accident to labor input units; To solve the problem of employment injury insurance treatment, we should increase the proportion of employment injury prevention treatment and rehabilitation treatment; Also we should use the same standard for employment injury insurance treatment of compensation in our country as soon as possible; And we also need to make the employment injury insurance treatment being completely social sharing. In addition, the author think that labor unions play a very important role in protecting dispatch labor’s rights, so we should fully use the advantage which the labor unions have to protect them.