《侵权责任法》视角下的劳务派遣雇主责任探析

To View Employer's Liabilities in Labor Dispatching in the Perspective of Tort Liability Law

随着我国劳务派遣用工形式快速发展,因被派遣劳动者在执行职务时致人损害而产生的纠纷也日益增多。由于劳务派遣中涉及的法律关系较为复杂,给建立在传统雇佣关系基础上的雇主责任规则带来了适用上的难题。我国《侵权责任法》第34条第2款对劳务派遣的雇主责任作出了新的规定,不仅能够解决劳务派遣情况下雇主责任分配所面临的法理困境,体现了民法的公平原则,而且能够有效地防止劳务派遣用工形式在全社会范围内产生不必要的泛化,维护劳动关系的和谐。

With the rapid development of labor dispatching, the disputed on damage which were caused by dispatched workers are increasing in China. As the legal relationship of labor dispatching is very complex, the regulation on the employer＇ s liabilities based on the traditional employment relations comes under attack. There are problems of the existing rules of employer＇ s liability in the application of labor dispatch. The Article 34, paragraph2 of the Tort Law of the PRC made new regulations on employer＇ s lia- bilities in labor dispatching, not only can solve the problems existing in the application of labor dispatching, reflecting the civil law principle of fairness, but also can prevent the form of labor dispatching unnecessary generalization within the whole of society effectively, maintain hannoniou~ labor relations.