论劳动派遣中职员侵权责任归属

On the Tort Accountability of Dispatching Employment

劳动派遣在我国颁行的《劳动合同法》中有专章规定,但我国目前法律体系中尚未对劳动派遣关系中职员职务侵权责任的归属有明确的规定,在理论上由于涉及到三方权利义务关系使责任归属更加复杂化。劳动派遣关系中的职员侵权责任应由用人单位承担,用工单位在指示上承担过错责任。

Dispatching employment in China was promulgated in a special chapter of the ＂Labor Contract Law＂, but the current legal system in China has not yet relate to staff positions infringement in labor dispatching. The rights and obligations of the tripartite relations will become more complex. The article uses foreign typical examples of several criteria as a source of reference, and suggests that regulation on the employer＇s liabilities in the dispatch of labor force as follows： as to the torts of staffs dispatched in duty, the dispatching organization undertakes the presumption of fault liability, dispatched organization undertakes the liability in fault when mis-directing.