Employer's Vicarious Liability In Labor Dispatch

With the prosperity and development of the socialist market economy,China 's labor resource market also presents an active scene,and the employment mode of enterprises has also undergone tremendous changes."Labor dispatch",a special employment mode,has been greatly improved by virtue of its unique characteristics of "flexibility,low cost,easy to avoid employment risks" and many other advantages over the traditional employment mode In recent years,this way of employment has been widely used in China's enterprises.Of course,everything has two sides.The rapid development of labor dispatch,a special way of employment,provides more people with jobs.While greatly reducing the social unemployment rate and maintaining social stability,it also causes a series of social problems.There are three different subjects of rights and obligations related to each other under the labor dispatch,namely,the dispatched organization,the important unit and the dispatched workers,However,in the traditional employment mode,there are only two legal subjects:the employer and the worker.Therefore,the legal relationship generated in the labor dispatch employment mode will be more complicated than that in the traditional employment mode.The legal provisions on employer's liability under the traditional employment mode can not be fully applied to the special employment mode of labor dispatch,so how should the tort liability be borne when the third party suffers damage due to the performance of his duties in the employing unit when the worker is dispatched by the sending unit?Should the sending unit and the employing unit be jointly responsible for the post infringement of the dispatched employees?Should the liability be joint and several or supplementary?What is the legal basis for the responsibility of the dispatching unit that has not actually used the labor force?How to apply the principle of imputation.A series of questions need to be answered.Based on the above facts and legal problems,this paper aims at systematically discussing the employer liability system under the mode of labor dispatch,and theoretically analyzes the problems existing in the system in China,and draws lessons from foreign legislative experience and makes some solutions to improvement.