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Research on Joint and Several Liability of Dispatched Employment
Author: ZhaoLinLin
Tutor: FengYanJun
School: Jilin University
Course: Economic Law
Keywords: Dispatch services Joint and several liability Labor Contract Law Labor Law
CLC: D922.5
Type: Master's thesis
Year: 2010
Downloads: 385
Quote: 2
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Abstract
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China's current labor law was enacted in 1994 , because more single form of labor and employment , the flexibility of labor has long been out of the labor outside the legal regulation . Labor dispatching the rise in the late 1990s , with its flexible , convenient , low-cost advantages are recognized by the subject of labor and employment . The legal norms applicable to this new type of labor legislation has not yet developed , the dispatch of workers' rights have been infringed suffered frequent dispatch and the Accepting Unit responsibility prevarication . The \. Dispatching constructed by the \The design of joint and several liability is science, whether it is in line with the principle of attribution of general joint and several liability , compliance with the fair and efficient legislative requirements, are worthy of our in-depth analysis and research . Dispatch the relationship because of the special legal status of the three subjects led to its rights and obligations different from the typical labor relations . Due to the special structure of the relationship of the dispatch , the dispatch joint and several liability is also showing the system characteristics different from other joint and several liability . This article is based on the principle of joint and several liability system set in Minshangfalv cf other characteristics of the joint and several liability on the Labor Law on the special structure of the relationship of the dispatch , analysis dispatching the particularity of the joint and several liability . And the dispatch of joint and several liability provisions of the existing legislation on labor to sort out and analyze the pros and cons . Solve dispatching joint and several liability on the responsibility of the main selection problem , in practice such joint and several liability on the labor dispute arbitration and proceedings applicable .
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CLC: > Political, legal > Legal > Chinese law > Labor Law
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