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Study on Injury Compensation Liability in Labor Dispatching

Author: LvXiaoFeng
Tutor: WangSuFen
School: Liaoning University
Course: Legal
Keywords: Labor Dispatch Injury Compensation Employer’s Liability
CLC: D922.5
Type: Master's thesis
Year: 2011
Downloads: 145
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Abstract

With a long history, Labor dispatch is now in a trend of growing worldwide. Since the 90’s last century, labor dispatching companies have been appeared by large numbers, and labor dispatching has become a new industry, of which business has expanded constantly, and the number of dispatched workers also increased rapidly. Can be expected in the near future, labor dispatch will permeate to all industries of our country. The appearance of labor dispatch separated the employment and use of labors, and that brings series of problems, such as, who exactly is the employer? And who is supposed to undertake the Employer’s Liability according to the Labor Law? And who shall protect the workers? Who is going to undertake the liability when injuries happen? And these problems are quite confusing while dealing with cases. According to experience of laws abroad, there are mainly two modes for undertaking of Employer’s Liability in Labor Dispatch, the first is the“Single employer liability”mode, it means, the dispatching unit shall be deemed as the employer of legal fiction, and undertake main Employer’s Liability, and this mode is adopted by most European countries. The second mode is called“Joint employer liability”mode, Represented by the United States. Generally speaking, when working injuries happen, the Liability shall be undertaken by the dispatching unit in the“Single employer liability”mode, and jointly undertaken by the dispatching unit and labor using unit in the“Joint employer liability”mode. Considering complexity of working injury compensation and differences of specific circumstances, it won’t be realistic and ineffective to deal with working injury compensation in a formula like criteria. Basically, the 2007 Labor Contract Law has mixed the“Single employer liability”mode and“Joint employer liability”mode together in the area of Employer’s Liability in labor dispatching, but there is no such clause to stipulate legal capacity of Employers, and it’s not very comprehensively system designed stipulating rights, obligations and the undertaking of liabilities of the Employers, there is no coherent and systematic provisions to protect the dispatched workers. There are a lot Labor disputes accrued in China, especially working injury companion disputes. The author I choose the undertaking of the workers’injury liability in labor dispatch as the topic, try to figure out a way to improve, by anglicizing the Labor Contract Law’s deficiency and vulnerability in this area. Based on domestic and foreign relevant researches, a new solution has been concluded in this thesis, that is, there are mainly four points for the 2007 Labor Contract Law to improve the provisions stimulating the undertaking of the workers’injury liability in labor dispatch, first, definition of labor dispatch shall be detailed, and scopes and periods of the dispatched work shall be clarified; second, regulatory measures for the dispatching unit shall be strictly established, to strengthen the bound of it’s liabilities; third, the provisions stimulating liabilities of the labor using unit shall be improved; the last, coordination mechanism for Injury Insurance and Employers Liability Insurance shall be established.

Study on Injury Compensation Liability in Labor Dispatching

Abstract

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