The Research Of The Employer's Vicarious Liability In Labor Dispatching

Beginning in the 1920s,labor dispatch was dispatched in the United States,and labor was dispatched to work quickly in Europe and Japan.With the continuous transformation of China's economic system and the gradual upgrading of China's industrial structure,the traditional dualistic labor relations gradually appear,has been unable to meet the needs of China's rapid economic development.In the 1970s,China began to send labor dispatch,to the 90's,because this means of employment can greatly reduce the cost of enterprises and improve the competitiveness of enterprises,so the labor in China to send this way of employment has been the initial development The In addition,the labor dispatch employment can also meet the enterprise non-core blue-collar workers and other shortages,to provide enterprises with a lot of labor.In 2007,China introduced the "Labor Contract Law",the labor dispatch of the employment form of specific provisions,before the introduction of the law,China's labor dispatch market development is chaotic.Later,the "Labor Contract Law" has stipulated many aspects of the scope of application of labor dispatch,their respective rights and obligations,and the joint responsibility of labor units and dispatching units.However,there is no provision for violations committed by the dispatched laborers in the course of their duties.In 2009,China introduced the "Tort Liability Act",the law of Article 34 of the labor dispatch of employers to replace the responsibility made a very clear provisions.This is the first time in our country to the labor dispatch of employers to replace the responsibility of the provisions,to fill the gaps in our legislation,the trial work for the legal basis.However,the provisions of the "Tort Liability Law" there are still a lot of imperfections,the author of China's labor dispatch in the employer to replace the responsibility as the object of study,in-depth study of China's labor dispatch of the problem of the replacement of employers to analyze and solve Recommendations,in order to better protect the legitimate rights and interests of victims,and better promote the development of China's labor dispatch industry.This paper is divided into five parts.The first part is the introduction,which includes the research background of the paper,the substitute responsibility of the employer and the research status of the employer's substitute responsibility in the labor dispatching.The main research methods of this paper are introduced,including normative analysis,Comparative research,value-guided analysis.The second part is a detailed explanation of the concepts related to the relocation responsibility of labor dispatching.The content mainly includes the concept of labor dispatch,the concept of employer's substitute responsibility,the characteristics of employer's substitute responsibility,the definition of employer's identity in labor dispatch,Key Features of Employee Substitution Responsibility.It also introduces the theoretical basis of labor agency's alternative liability,including fair theory,risk theory,compensation theory and ethical theory.And introduces the nature and responsibility of the job assignment of the employer to pay the employer,and focuses on the principle of fault presumption and the principle of no fault liability.The third part mainly introduces the principle of imputation of foreign employer's responsibility,including the United States,Britain,Japan and China's Taiwan region,and then analyzes the principle of imputation of employer's responsibility in major countries and regions.The fourth part analyzes the status quo of the alternative liability of the labor dispatching employer in our country.The content mainly includes the legislation status,the principle of imputation and the lack of legislation.The specific deficiencies are mainly three aspects,namely,the dispatch unit responsibility The provisions of the provisions is not meticulous,there is no provision for the recovery of labor units,there is no provision for labor units and the unit to assume responsibility for the specific form.The fifth part puts forward the suggestions on the improvement of the liability of the laborers in China,including three aspects:the principle of the distribution of the responsibility of the employer,the responsibility for the internal right of recourse and the two employees of the illegal labor dispatch.