Research On The Joint And Several Liability Of Labor Dispatch In China

In the early 1980 s, this type of labor dispatching began to appear in the labor market in China, mainly for foreign companies to use this labor model, is used to solve the employment problem in China.As the labor dispatch industry developed,labor dispatch,as a new employment form,has being developed rapidly in different fields of Chinese industry and has become the main labor-using form among some enterprises in China.A new way of labor dispatching, make laborer labor pay no longer directly enjoys by unit of choose and employ persons, thus appeared the hiring and use of state of phase separation, staffing firms and accepting units to a certain extent, all became a worker of the employer.Thus,this kind of complex triangle relationship easily lead to the increasing damage of the laborers’ right and their interest and the coming of the problems especially when the labor dispatch group and the labor-using company distribute their responsibilities to the workers.Though our Labor Contract Law has some rules on this typical employment pattern,the related legislation of how the labor dispatch group and the labor-using company take the joint responsibility seemed be too general and ambiguous, which causes in the society. In order to distribute the joint responsibilities between the labor dispatch group and the labor-using company more reasonably, to carry out their bearing of the legal dispatch is very necessary and urgent.This article mainly from the following five aspects of labor dispatch to analysis and study of joint and several liability issues. The first part is the introduction of the essay, in this article the research background and significance, research methods, research the innovation point, introduces the research framework. The second part, the paper expounds the basic concept of the joint and several liability in the labor dispatch. First, the concept of labor dispatching and dispatching, elaborating the concept of the joint and several liability, and analysis of the legitimacy of labor dispatch joint and several liability exists, and then illustrates the particularity of joint and several liability in labor dispatching. The third part, the theoretical basis for the analysis of the labor dispatching joint and several liability, put forward the author agree with suitable theory for the development of labor dispatching joint and several liability system in China. The fourth part, combining the current situation of our country existing legislation, joint and several liability system in our country labor dispatch the analysis of existing problems. The fifth part, for the improvement of the system of labor dispatch joint and several liability advice, by taking different paths to solve this problem, to expect more hasten is mature labor dispatching joint and several liability system in China.