An Empirical Study On The Joint And Several Liabilities System Of Labor Dispatch

The Labor Contract Law revised in 2012 stipulates that the joint liability between the service provider and the accepting entity is changed from two-way joint to one-way joint and further regulation of the scope and mode of employment,all of which reflect the tendency to prevent illegal over-development of labor dispatch.Before the revision of the law,it is stipulated that the joint responsibility of the labor dispatching units is conducive to protecting the legitimate rights and interests of the laborers.However,the provisions are not in line with the legal principles,breaking through the logic of the system,blindly letting the two units assume joint responsibility and not both.Effective restraints also violate fairness and justice.The revised joint liability system for labor dispatch makes the distribution of responsibilities between the two units more in line with fairness and justice.The statistical results show that both the court and the Arbitration Commission have the phenomenon that the old and new regulations are unclear.The court has a high proportion of two-way joint judgments on labor disputes involving disputes,and the “damage” of the ninety-two liability clauses is inconsistent.The scope of the joint responsibility of the two units was ambiguous.The joint liability is generally associated with or supplemented.The damage caused by the employer unit requires further refinement after the two units are jointly and severally liable for the recovery unit to recover from the employer.In the judgment of the court,the court shall follow the principle of the obligation and responsibility,and distinguish the joint liability clause of the damage category.While fully safeguarding the legitimate rights and interests of the laborer,the judgment of the damage caused to the employer should be based on reasonable principles.The distribution of responsibilities is as consistent as possible with social fairness and justice.In addition,the role of the labor dispatch agreement in the responsibility of both parties cannot be ignored.The two units should agree in advance on the liability clauses in violation of the agreed content.The liability clause is an indispensable clause of the dispatch agreement,and the law should also stipulate the legal consequences of violating this mandatory matter.When a judge hears a case,in the case that the liability agreement does not violate the mandatory provisions of the law and is obviously unfair,it should also respect the agreement of the two parties on the responsibility to a limited extent.