On The Nature Of The Responsibility Of The Employing Subject

At present,the phenomenon of subcontracting,subcontracting and affiliation(borrowing qualification)is common in the field of construction engineering.In order to help the construction workers in a weak position,especially the migrant workers,get relief when their rights and interests are damaged,Article 4 of the notice on the establishment of labor relations issued by the former Ministry of labor and social security in 2005 proposed the concept of the liability of the main body of employment,but did not clarify the legal nature and specific scope of application of the liability of the main body of employment,resulting in different standards of judgment when applying the clause in practice.This paper regards the responsibility of the employer as a specific concept,combs out the relevant provisions,analyzes the theory of joint infringement and fault of the employer,and combines with the actual cases,holds that the responsibility of the employer is not equal to the establishment of labor relations,the responsibility of the employer is different from the responsibility of the employer,and its content should only include the payment of labor remuneration and the responsibility of industrial injury insurance In any two aspects,the author puts forward the view that the liability of the employing body is the fault substitute liability and the real joint and several liability.In view of the strong policy nature of this article,it can be considered that article 94 of the labor contract law can be amended and replaced.