The Employer's Tort Liability In Labor Dispatch

This special form of labor dispatch reduces the cost of enterprises,provides more employment opportunities,and promotes the flexible employment.In the traditional labor legal relationship,it is the two party,which can be related to each other,and the labor dispatch is different from that of the three party.Due to the particularity of the form of employment,the relevant laws and regulations applicable to the traditional form of employment,in the use of labor dispatch in the employer to assume tort liability,there will be a variety of problems.China's "labor contract law" stipulates that the employer is responsible for the labor dispatch,but does not involve the responsibility sharing of the third party.The "tort liability law" thirty-fourth article on the issue of the provisions of the second,but the provisions of the application in the face of many problems.Therefore,this paper raises the question of the employer's liability of the dispatched workers in the labor dispatch to infringe upon others.This paper is divided into four chapters?The first chapter introduces the concept and characteristics of labor dispatching,and makes a qualitative analysis of the legal relationship between the labor dispatching unit,the employing unit and the dispatched staff.Firstly,this paper introduces the theory of "labor relations" and "dual labor relations" in the academic circles,and then puts forward the viewpoint of this paper.The second chapter elaborates the concept and the theoretical basis of the employer's responsibility.The relevant theory of the employer's responsibility is the legal basis for the labor dispatch unit and the labor unit to bear the tort liability.The third chapter introduces the principle of liability for tort liability and the distribution of the tort liability of the dispatching unit and the employer.By analyzing the rules of responsibility of employers and employees in different countries and regions,it is instructed that our employers bear the principle of tort liability without tort liability.However,in terms of the special form of labor dispatch,although the employment unit and the dispatch unit are employers,the principle of attribution is different.Through the comparison of the distribution of the tort liability of the dispatch unit and the labor unit in the dispatch of the foreign labor service,the paper analyzes the different situations and finds out the experience of the two units in the dispatch of labor dispatch.In the fourth chapter,the author introduces the defects of employer's tort liability system in China,and puts forward some suggestions.