Research On The System Of Joint And Several Liability Of Labor Dispatch

In 2007,China first regulated the joint and several liability of labor dispatch in the form of special chapters and special sections.For a short period of time,China was in the mode of unilateral joint and several liability.Later,the regulations for the implementation of the labor contract law published made up for the deficiency of unilateral joint and several liability.So far,China has formed the legislative mode of joint and several liability of both parties,and strengthened the protection of the rights and interests of the injured workers Protect.In view of various problems in the practice of labor dispatch,China revised it again in 2012.In terms of responsibility bearing,it changed from a relatively perfect joint and several liability of both parties to a unilateral joint and several liability,which increased the burden of the dispatching unit.Moreover,there was no clear stipulation on the specific way,scope and recovery of the liability of both parties,which led to the lack of rights and interests of workers in practice It can be effectively guaranteed.Based on the legal relationship among the dispatching unit,the important dispatching unit and the laborer,this paper explores the subject,mode,system of recovery and the scope of damage of joint and several liability from the perspective of comparative analysis and case analysis.This paper consists of five parts.The first part is the introduction,which describes the purpose and significance of this study,domestic and foreign research on the status of joint and several liability of labor dispatch,research methods and innovative research.The second part is the investigation of the current situation of labor dispatch joint liability legislation in China.This chapter consists of two parts,including the theoretical basis and development process of labor dispatch joint liability in China.There are different theories and viewpoints about labor dispatch joint liability in China.The first part mainly sorts out the current mainstream theories about labor dispatch legal relationship in China,and the second part shows the theoretical basis and development process of labor dispatch joint liability in China In China,the mode of undertaking labor dispatch responsibility changes from joint and several liability of both parties to joint and several liability of one party.The third part expounds the legislative defects of the joint and several liability of labor dispatch in China,which is also the main content of this paper.This part includes the following contents.Firstly,the subject of joint and several liability is not clear,and the law does not clearly stipulate whether the sending unit should bear joint and several liability in the case that the sending unit damages the workers.Secondly,the way of joint and several liability is not clear.Whether the joint and several liability of two units is general joint and unlimited joint and several is not subdivided.Thirdly,after the two units bear the joint and several liability,the problem of recovery and the lack of the applicable scope of the joint and several liability system lead to the confusion of judgment in the practice process.The above problems are listed and explained in the form of case law.The fourth part analyzes the causes of the legislative defects of labor dispatch joint and several liability in China.Because the current unilateral joint and several liability in China is developed on the basis of a heavy labor relationship,the choice of theoretical basis leads to legislative path deviation,which can not fully protect the legitimate rights and interests of workers,so it should be amended.The last part is the realization of the joint and several liability system of labor dispatch in China,which is a response to the legislative defects of the third part.In this part,comparative analysis method is adopted,and the relevant theories and regulations of other countries are used for reference to put forward the perfect measures suitable for China’s national conditions.Based on the revised labor dispatch joint and several liability,this paper compares the former labor dispatch joint and several liability system Combined with the practical cases and the theory of foreign Co employers,this paper analyzes how to apply the joint and several mode,refine the mode of responsibility bearing and expand the scope of compensation based on China’s national conditions.The author believes that the application of joint and several liability of both parties is more conducive to the protection of the legitimate rights and interests of workers in our country.The application of unilateral joint and several liability will aggravate the burden of sending units,and indulge the units that should be responsible to escape sanctions,making the market unbalanced.Furthermore,the units that should be sent are also the beneficiaries of the labor force.When the sending units are unable to protect the rights and interests of workers,If the responsibility of the important units is relieved,the workers will not be guaranteed to get timely assistance,which is not conducive to social stability and easy to intensify social contradictions.Therefore,the author expounds his main point of view in this paper,and expounds the advantages of applying joint and several liability of both parties.