Research On Joint And Several Liability System Of Labor Dispatch

Labor dispatch,as a method of employment that has only begun to develop in recent years,has gradually been recognized by the public in China.Because of its own advantages,it can not only meet the interests of employers,but also bring benefits to labor dispatching units.It is very popular in the labor market,and it also adds more employment opportunities for workers.However,the intertwined and complicated relationship among the three parties in the labor service legal relationship,coupled with China's "Labor Contract Law" and "Labor Contract Law Implementation Regulations" and other laws and regulations on the joint liability of labor dispatch units and employers is too general This has made the problems in the joint liability system for labor dispatch in China increasingly prominent,leading to frequent disputes over labor dispatch in practice.In order to reasonably allocate the obligations and responsibilities of the two units,balance the interests of the three parties in labor dispatch,and truly realize the preferential protection of vulnerable workers,it is of great significance to study the joint liability system of labor dispatch.In the process of studying the joint liability system of labor dispatch,this paper mainly uses the value analysis method,empirical analysis method and comparative analysis method.Taking China's basic national conditions and legislative status as the starting point,it analyzes the characteristics of joint and several liability that is different from other fields in labor dispatch,discusses the legitimacy of joint and several liability in labor dispatch,and from joint and several liability to unilateral joint liability The rationality of this kind of change.By summarizing the relevant theoretical theories on joint liability of labor dispatching,and analyzing and comparing several legislations on behalf of the country concerning the distribution of employers 'responsibilities,it provides references and references for improving China 's legislation and fills in legislative gaps with a view to the system A sound idea has been developed in the soundness of our country.By sorting out the joint liability system for labor dispatch in China 's current legislation,the following issues are summarized: The nature of the legal relationship between the three parties in labor dispatch,especially the understanding of the relationship between the employer and the dispatched worker There are differences in theory;there is no reasonable limitation on the scope of joint and several liability for labor dispatch units and employers;there is no specific regulation on the method of joint and several liability;the internal right of recovery of the joint and several liability system is not clear.This article believes that first,there should be no recognition of the existence ofa labor relationship or labor service relationship between the employer and the dispatched laborer,but it is possible to imagine that there is a consensus between the two.It is more preferable to call this relationship a "quasi-labor contract relationship" reasonable.Second,clarify the scope of joint and several liability of the labor dispatch unit and the employer,and specifically propose that the two units must bear joint and several liability with respect to aspects such as labor compensation and work injury insurance that involve the basic personal and property rights of the workers and are jointly controlled by the two units.Third,clarify the method of joint and several liability for labor dispatch,with the principle of supplementary joint and several liability as an exception,with the exception of general joint and several liability.Fourth,establish an internal recovery mechanism after the two units assume joint and external liability,clarify that each unit has the right to recover from the other part of the responsibility,and divide the liability share according to the respective fault level and the size of the causal force of the two units.In order to promote the implementation of the joint liability system for labor dispatching and balance the rights and obligations between the three parties.