Legal liability - the labor dispatch unit and the employing units to "labor contract law" perspective
|School||Inner Mongolia University|
|Keywords||labor dispatching units employment units legal responsibility labor contract law amendment|
Labor dispatch involves three parties and two contracts, is a kind of new employment mode different from the traditional way of employment. Beginning in1979, the labor dispatch industry appeared with Labor market in our country. Recently the industry development presents some characters like rapid development, huge potential, widely involving, disorderly competition, the system specification, etc. On June29th,2007, the standing committee of the tenth National People’s Congress passed the law of "the People’s Republic of China Labor Contract Law", labor dispatch should be brought into the legal norm for the first time. On December28,2012, the30th session of the standing committee of the National People’s Congress passed the "Labor Contract Law Amendment, in view of improving the labor dispatch system, the amendment would implement on July1st,2013.Based on the legislative experiences in other countries or regions, the article analyzes the responsibility system of the labor dispatch in this amendment, tries to put some perfect suggestion to put forward further development of our labor dispatching legislation, in order to promote the perfection of labor dispatch system and face to the challenges of the labor market.This article is divided into five parts:Part1:from the "labor contract law" legislative value orientation, the author analyzes the present labor dispatch system. Suggests that our country "labor contract law" should used "tilt protection" laborer legislative value orientation, through the "perfect labor contract system, clarify the powers and obligations of the parties to the contract", protect the legitimate rights and interests of labor. The amendment improve the system of labor dispatch from the improving labor market access conditions, clear the obligation of employers, refinement "equal pay for equal work" regulations, clear the "sex" rules, regulations, labor dispatch units and employment units of joint and several liability system and so on, inclines protection workers value orientation of legislation.Part2:introduce to the labor dispatching responsibility system of other countries or regions, analyze the similarities and differences of the legislation between "common employer responsibility" and "single employer responsibility". The author agreed no matter adopt what kind of model of dispatching liability system, the law is showing a similar pattern:labor dispatch units and employment units shoulder each their responsibility, and there was a need for shared responsibility. From our current labor legislation and legislation cost,"single employer responsibility" mode is more suitable in our country.Part3:on the basis of the "single employer responsibility", the author discusses the relationship between labor dispatching of three parties. Employment units’power source from the labor dispatch agreement between labor dispatch units and employment units and the labor contract between the labor dispatch units and labors.Based on the two contracts,the employment units acquires the management and protection obligations to labors. Part4:put forward Suggestions for the perfection of legislation in our country, mainly from the following aspects:first, improve the labor dispatch responsibility system, clear the responsibility between scope, category and the way of ultimate responsibility attribution, bear,etc. Second, perfecting other related system, such as:clear the labor dispatching market access, refine the scope, to set up risk reserve fund system of the labor dispatch units.Part5:conclusion.