Study On Legal Liability Of Employing Unit In Labor Dispatch

The labor dispatch is a special way employment in market economy, the difference of the labor dispatch and the traditional employment methods is that the separation of "employment" and "use". As the special nature of the labor dispatch, "Labor Contract Law" and " Interim Provisions on The Labor Dispatch " make detailed provisions, the scope of the labor dispatch, dispatch agreements, system of employers return workers, the responsibility of the employing unit etc. In practice,there are two problems that employing units illegally use dispatch workers and employing unit illegally send back the employee. The root of the two problems is that the applicable range of dispatch is broad and retraction mechanisms are inadequate.That employing unit illegal use labor dispatch has two situations. It includes that employing unit use labor dispatch exceeds the range applicable of dispatch the performance and dispatch agreements is illegal, how to find legal relationship between employing unit and the employee in the situation? How to employing unit and dispatch unit should assume responsibility? We need to build the handling system to deal with the problem on illegal labor dispatch. We need to confine the scope of the labor dispatch, find labor relations and assume responsibility. " Interim Provisions on The Labor Dispatch " has defined the legal situation and the restrictive conditions of sending back the employee, but there are the situation that employing unit come to an agreement with dispatch unit and laborer, the law did not make provision for this, the law provides employment units and dispatch unit undertake joint liability, but it has no operability in practice. The law did not make provision for procedures of sending back. We need to improve the system of sending back laborer, definite the conditions,the responsibility and procedures of sending back.Paper is divided into four parts:The first part mainly discusses the legal status of dispatch unit in labor dispatching from the historical development of labor dispatching, the perspective of the concept, legal relation of labor dispatching.It is to lay the foundation the different dimensions of the law of the research project to study the legal liability of employers unit.The second part mainly elaborates the related provisions of the law of ourcountry labor on labor dispatch and comparatively study on foreign labor dispatch law,analyzing the differences of our country and foreign labor dispatching system,providing reference basis for improving of the system of labor dispatch.The third part mainly analyzes the problems existing in the employing units liability system in China, combining with related data, analyzing the current situation of the development of labor dispatching from the perspective of the dispatch unit,studying in-depth our country labor dispatching essential reason of the development and prosperity.The problems exists in the liability system of employing units in China is focused on liability problems of employing units illegal use the labor and employing units illegal returns to the dispatched workers labor.The part troughs the empirical to analyze our country labor dispatch legal liability issues involved employing units in the practice, and founding the problems in the operation of legal liability system, and summarizing the judge handling labor dispatching cases around the applicable law thinking, providing the empirical data to perfect the legal responsibility of the unit that use worker in our country.The fourth part comprehensives front research contents of three parts, to improve the responsibility system of employers in labor dispatch legal, to provide scientific,reasonable and effective suggestions, and perfecting the legal responsibility system of illegal use of the unit,and perfecting the legal responsibility system of employing units send workers back to dispatching units.