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Study On Vicarious Liability In Labor Dispatching

Posted on:2018-04-18Degree:MasterType:Thesis
Country:ChinaCandidate:S S MaFull Text:PDF
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Labor dispatching is a special employing way,which initially presented as "Rented Help",further developed toward "Borrow the employees",finally named labor dispatching in China.It has tripartite mainstay including labor dispatch unit,the dispatched laborers,the dispatched laborer unit.It is different from another employment relationship involved with two mainstay.It exactly means that labor dispatch unit make a contract with the dispatched laborer,dispatch the labor to other actual employing unit and actual employing unit pay for service charge involved to labor dispatch unit.The requested fact for labor resist in those relationship:the dispatched laborer and the actual employing unit;the actual employing unit,paying survive charge,and labor dispatching unit;the labor dispatching,paying labor reward,and the dispatched laborer.Labor dispatching initially appeared in America,the 1920s.It is simple program,manageable,accord with the economic development.This is why it was widely used in 1970s by many countries in the world.In 1990s,labor dispatching is widely used in every field of China’s labor market.It plays an indispensable role for promoting the economic development and settlement for worker’s employment.But because of short developing time and insufficient knowledge,our country do not have enough legal provisions.The relevant legal provisions,in China,is inattentive.All of this lead to a lot of problem in implement and application.The vicarious liability in labor dispatching refers to the labor dispatching unit and labor dispatched unit regarded as employers are liable for the damage caused by the dispatched labor when engaged in collective activity.Through various research methods including document study,comparative study,I analyze basic theory for labor dispatching vicarious liability,state investigation and significance for extraterritorial labor dispatching in our country,analyze current situation and short of legislation for vicarious liability in our country based on "tort liability law",finally put forward suggestion about vicarious liability from tort liability law.All of this make China’s relevant labor dispatch in the employer’s liability more perfect,China’s labor market more standardized.In the content this thesis mainly includes the introduction,the main body and the conclusion.Introduction part.This part mainly introduces the source of the topic,the purpose and significance of the research,the research status of this topic at home and abroad,the research methods of this topic and so on;The first part introduces the basic theory of employer vicarious liability in labor dispatch from the following three aspects:the summary of labor dispatch,the summary of the employer’s vicarious liability,the analysis of the legal relationship between the three parties in labor dispatch;The second part make a brief discussion about basic theory and imputation principle for vicarious liability from two aspects:employer vicarious liability theory,and the theoretical basis of the imputation principle of employer vicarious liability in labor dispatch;The third part mainly expounds significance to our country from the relevant legal provisions in the United Kingdom,France,the United States and Taiwan region and in all area’s relevant provisions of China;The fourth part mainly discusses the legislative status of the employer vicarious liability in China’s labor dispatch and its shortcomings in legislation;The fifth part is mainly based on the "tort liability law",aim at shortcoming on employer vicarious liability to put forward the employer vicarious liability responding suggestions to improve the relevant laws that the employer’s vicarious liability can be better improved,can better promote the development of China’s labor dispatch;Conclusion part.This part is the summary of this thesis.
Keywords/Search Tags:Labor dispatching, Employer vicarious liability, Employer, Employing unit
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