| With the continuous enhancement of the vitality of market economy,the flexible employment mode represented by labor outsourcing is favored by more and more enterprises.Through labor outsourcing,enterprises can reduce labor costs and improve labor efficiency.Service outsourcing industry in China started late,but development speed to be reckoned with,and the corresponding laws and regulations of relatively lags behind,the domestic research topics about service outsourcing co.,LTD.,the perfection of related legal system study is less,some problems such as theory is insufficient,lack of legislation,lead to confusion with labor dispatching service outsourcing phenomenon is relatively serious,service outsourcing can’t play its proper role.This article adopts the method of case analysis,through the typical cases of dispute refer to enterprises involved in outsourcing enterprise outsourcing were analyzed,the law risk of enterprise outsourcing in labor disputes frequently the main reason is the direct support of labor outsourcing lack of laws and regulations,the nature of the service outsourcing contract does not clear,the judicial referee outsourcing disputes exist in the different connection with the given situation,enterprise and the performance of the service outsourcing contract is not standard and so on.Through the comparative analysis method,the difference between the definition of outsourcing and dispatching,preventive measures against legal risks of outsourcing are put forward,on the external risk prevention,on the legislation to define the nature of outsourcing contracts,for its particularity be included in the category of civil law,judicial distinguish recruitment main responsibility and joint and several liability of the party awarding the contract,put forward to share the party awarding contract and the contractor jointly and severally liable to legal liability’s advice,the trial on the basis of the facts,written contract is complementary principles of the referee.In internal risk prevention,enterprises should pay attention to the signing of labor outsourcing contracts and the daily management of labor outsourcing business. |
