The Research on Employer's Liability System of Chinese Labor Dispatching
|School||Wuhan University of Science and Technology|
|Course||The basic principles of Marxism|
|Keywords||Labor dispatching Employers’ liability Amendment of Labor ContractLaw Improvement|
Employer’s liability system of labor dispatching is a system based on the labordispatching that about the identity of employer and employee, the mode of allocationand commitment of the employer’s liability as well as the safeguards system, and it’san important part to regulate labor dispatching. The system should reflect the featureof labor dispatching, as well as keep in line with the tradition and value of thecountry’s labor law. And the system also should consider the situation of labor market.This paper is divided into five parts. The first part is the overview of theemployer’s liability of labor dispatching, which restricts the employer’s liability intothe field of labor law and clarifies employer’s liability relation referred to herein isbetween the employer and employee, which including the obligation and liabilityarising from the breach of obligation, and standards to define employer and employeein labor dispatching are discussed in the first part too. The second part is about thebasic theories of employer’s liability of labor dispatching. This part mainly analyzesprinciples of assigning responsibilities as well as strengths and defects of the theoriesof single employer and joint employer.The third part is about the situation ofemployer’s liability system of labor dispatching in China. This part expound that thecharacteristic of employer’s liability system of labor dispatching in China is singleemployer on the identity and obligations assigning but joint liability, and analyzes thereasons for which the system set up, as well as defects of the mode setting andsafeguarding methods. The fourth part is devoted to discuss the impact of Amendmentof Labor Contract Law on the current employer’s liability system of labor dispatching,which includes improvements and inadequacies. The fifth part is about improvementmeasures to employer’s liability system of labor dispatch in China. This part putadvises on further improving the assignment mode of employer’s responsibility on thebasis of the Amendment of Labor Contract Law. And this part also explores ways toimplementing the employer’s liability from improving the legal system, to playbodies’ initiative and to strengthen market regulatory.