Research Of Supplementary Liability In Labor Dispatching

In China,labor dispatching is a kind of employment forms which develops rapidly.It provides a lot of jobs for our society.At the same time,the number of disputes are increasing gradually.In the relationship of labor dispatching,the employment and use of labor are separated.And there are tripartite legal relationships in this employment form.Different from traditional forms of employment,the main body of labor dispatching is not corresponded one to one.And the legal relationship is more complicated.So,when the infringement occurred,methods of responsibility become difficult problems.Labor dispatching bring vitality to the labor market.Meanwhile,the problem is also not allowed to be ignored.What we have to do is to face it positively and improve it.These problems also become an important aspect of improving the level of the trial and academic research.Refer to cases in recent years about labor dispatching of civil judgment,it can be seen that labor dispatching disputes especially the infringement caused by dispatched employees is on the rise.And in these cases,dispatching units and accepting units often find a lot of excuses to prove that the responsibility has nothing to do with themselves,and pass the buck to each other.Violations ofthe workers and the rights violators have become common phenomenons.The characteristic of the tripartite main body legal relationships in labor dispatching has become a means to shirk the responsibility and deny infringement.It contrary to the original intention of development seriously.In the “Tort Law of the People's Republic of China”,Article 34,paragraph 2 is a typical term.The provision is about the supplementary liability of the dispatching units.According to this statute,there are two main subjects in the relationship with dispatched employees.The accepting units directly responsible for the tort of dispatched employees because they use the labor actually.And,if the dispatching units have intentional offense and gross negligence,it will bear supplementary liability.This article has been quite perfect.It's not unilateral about the responsibility.We can not only protect the infringer's claims,but also the sharing of responsibilities is fair and equitable.It reflect the correct legal principle and the rule of law concept.At the same time,labor dispatching brings us many problems in practice,such as how to define infringement of dispatched employees;and how to share the responsibilities.This thesis will be based on these issues,combining with the theory and practice,makes a systematic analysis.I hope it can contribute to promoting the healthy development of the labor dispatching.In order to systematically analyze the dispatching units' supplementary liability,this thesis uses three parts to give you detailed descriptions.In first chapter,I describe what is labor dispatching by interpreting the law,analyze its characteristics,and explain what is the dispatching units' supplementary liability.Then how to define it.I hope readers can fully understand the labor dispatching.In this situation,readers are easier to understand the content below on various theories and the analysis of actual cases.In second chapter,I analyze dispatch units supplementary liability of current legislation and practical difficulties mainly.I outlined the specific provisions of the current law on labor dispatching units supplementary liability.And I point out the problems that the legislation and judicial practice reflected.In third chapter,according to the problems on the part of the proposed,such as the imperfect part of law;the actual problems in the process of problem solving,etc.I propose appropriate countermeasures,with a view to play an important role in the development of labor dispatching.