Research On The Joint And Several Liabilities System Of Labor Dispatch

As a sort of non-standard labor relation,labor dispatch involves three subjects:the labor dispatch entity,the employer and the dispatched worker.The biggest characteristic of labor dispatch is that the labor dispatch entity hires the worker but it doesn't use him,which makes it difficult to fulfill the responsibilities of traditional employers and makes it easy to impair the rights and interests of the dispatched workers.Labor Contract Law introduced the joint and several liabilities to labor dispatch,and it can protect the dispatched workers and impel labor dispatch industry to develop regularly and legally.In labor dispatch,the labor dispatch entity and the employer jointly have control over the dispatched worker and both of them can benefit from hiring and using the worker.The labor dispatch entity and the employer shall assume joint and several liabilities based on that joint control and benefits.But there are still some uncertainties in the related provisions.Firstly,the provision of joint and several liabilities between the labor dispatch entity and the employer is fragmentary.Secondly,whether the labor dispatch entity and the employer can reimburse each other for their shares of the debt is not clear.Finally,the application scope of the joint and several liabilities is not precise.The uncertainties above result in the differences among the juridical practice.In labor dispatch,the key point is whether the employer shall assume joint and several liabilities.If the employer doesn't need to assume joint and several liabilities,it will not only be difficult to protect the rights and interests of the dispatched workers,but also make it impossible to require the employer to choose the labor dispatch entity carefully or to supervise the labor dispatch entity strictly.The law should definitely provide that both the labor dispatch entity and the employer shall assume joint and several liabilities no matter which of them causes damage to the dispatched worker.At the same time,the law should provide how they can ask each other to reimburse it for its share of the debt.What's more,the labor dispatch entity and the employer shall assume the joint and several liabilities that emerge from their joint control stage,and the matters must be closely related to the rights and interests of the dispatched workers.In practice,the labor dispatch entity and the employer shall assume joint and several liabilities which are caused by the damages from labor remuneration,compensation for industrial injury,economic compensation and compensation at the rate of twice the economic compensations.The paper consists of five parts.The first part introduces a bulletin case published by the High People's Court of Jiangsu Province.After introducing the case and its judicial abstract and enlightenments,the main research question emerges that whether either of the labor dispatch entity or the employer shall assume joint and several liabilities no matter which of them causes damage to the dispatched worker.This part also shows the current states and progress of related researches.The second part introduces the concept of labor dispatch and the meaning of the joint and several liabilities of labor dispatch.Based on the introductions above,the paper reviews Chinese existing provisions and particularly reviews the obligations of the labor dispatch entity and the employer.The third part makes jurisprudence analysis of the joint and several liabilities system of labor dispatch.The paper particularly introduces some theories on how to distribute responsibilities between the labor dispatch entity and the employer,and emphasize that the labor dispatch entity and the employer shall assume joint and several liabilities based on their joint control and benefits.Then the paper analyses the value of the joint and several liabilities system of labor dispatch.The fourth part points out three problems of the existing joint and several liabilities system.Combined with some typical cases,the paper points out that the problems above result in the differences among the juridical practice.The last part offers some proposals on how to improve the existing joint and several liabilities system.Chinese Law should definitely provide that both the labor dispatch entity and the employer shall assume joint and several liabilities no matter which of them causes damage to the dispatched worker.At the same time,the law should provide how they can ask each other to reimburse it for its share of the debt.And the labor dispatch entity and the employer shall assume joint and several liabilities which are caused by the damages from several aspects.The proposals above should work together to make the best use of the joint and several liabilities system of labor dispatch.