Research On The Use Of Disregard Of Corporate Personality In The Field Of Using Labor Force Between Affiliated Enterprises

During the process of marketization,enterprises are seeking for higher efficiency use of money and labor,which result in restructure of structure thereof.In the field of labor relations,the restructure means more important role the labor market plays in the process of employment.Enterprises become much more complex in using work force,in which affiliated enterprises are a major form thereof.It's common that they use methods like labor dispatch,temporarily transfer to avoid the limitation of the law or administrative law.Therefore,theoretically speaking,use disregard of corporate personality in labor relations in affiliated enterprises,to take joint liability,is necessary.This essay starts with basic theory,and solve the question of why we can use disregard of corporate personality in the field of using labor force between affiliated enterprises.For one thing,labor credit is a special obligatory right,the two parties are substantially unequal,labor credit is an involuntary obligatory right(aka.tort credit).Therefore,we deem that it's essential to use disregard of corporate personality in an involuntary obligatory right.For another,legal subject has been expanded in disregard of corporate personality.It's also of great significance to take into consideration of the differences between the field of corporation law and labor law.Upon the study on theory hereinbefore,we use cases to illustrate judicial practice in our country.For one thing,cases concerning affiliated enterprises' labor disputes increases.For another,in judicial practice,how judges define affiliated enterprises and deal with different claims.Concerning extraterritorial reference,as our condition is similar with Japan,and scholars from Taiwan,China recommend Japan's system in recent years.Therefore,our research mainly refers to the use of disregard of corporate personality in the field of using labor force between affiliated enterprises system from Japan and Taiwan,China.Research focus mainly on the two circumstances,"misuse firms' legal personality" and " formalization of company personality".Under such circumstances,we analyse the legal result of the use of disregard of corporate personality in the field of using labor force between affiliated enterprises system in Japan and Taiwan,China.We ourselves should reconstruct our own system.Disregard of corporate personality should be used only on additional circumstances,common use of this should be forbidden.Therefore,we can take into consideration of " misuse firms' legal personality" and " formalization of company personality " as two requirements,and how we use the system aforesaid in details.