The Deficiency And Improvement Of The Joint And Several Liability System Of Labor Dispatch

Article 9 of the labor contract law of the People's Republic of China(hereinafter referred to as the labor contract law)which was implemented in 2008 stipulates the joint and several liability of labor dispatch.However,due to the poor operability of the clause in judicial practice,the judicial organs in different regions have different understandings.The labor contract law revised in 2012 limits the joint and several liability that the employer and the employer should bear,that is,only when the employer damages the legitimate rights and interests of the dispatched workers,can the labor dispatch unit and the employer jointly bear the joint liability.The implication is that for the infringement caused by the labor dispatch unit,the employing unit shall not bear joint and several liability.After the amendment of Article 92 of the labor contract law,whether the employing unit should bear joint and several liability for the damage caused by the dispatching unit to the workers is still the core problem to be solved in reality.The exemption of the Employer from joint and several liability will not only have a negative impact on the full protection of the legitimate rights and interests of the dispatched workers,but also be unfavorable for the employing unit to carefully select and actively supervise the dispatching unit.Therefore,first of all,the law should clarify the definition standard of "damage",that is,the two units should bear joint and several liability for the process of joint control and the important factors closely related to the legitimate rights and interests of workers.In the specific operation,the damages within the scope of labor remuneration,industrial injury compensation,economic compensation and compensation should be differentiated and discussed in detail in different situations and stages,so as to determine the dispatch Secondly,we should clarify the nature of joint and several liability,because the law does not provide for this content,so from the perspective of protecting the rights and interests of workers,we should distinguish the specific situations of general joint liability and supplementary joint and several liability in practice.Then,clear the obligations of thetwo units respectively and jointly,in order to clarify their own responsibilities through legal provisions.This can not only avoid the phenomenon that the two units shirk responsibility for each other when the rights and interests of workers are damaged,but also enable the two units to perform their duties and fully exercise their respective rights.Finally,to clarify the recovery of joint and several liability can not only solve the specific contradictions of the three parties in practice,but also improve the applicability and feasibility of the joint and several liability system of labor dispatch.