劳务派遣的雇主连带责任研究

多个法律文件对劳务派遣的雇主责任进行了不完全一致的规定。根据遭受损害的对象的不同，劳务派遣单位和用工单位被要求承担责任的轻重不同。此次劳动合同法修正案关于造成被派遣劳动者损害的雇主责任进行了较大的调整，原来双重雇主相互连带改为劳务派遣单位对用人单位的单方连带。当劳务派遣单位致劳动者损害时，用工单位承担连带责任与劳务派遣制度的目标相悖，而派遣单位能够充分承担对被派遣劳动者的赔偿责任。同时，还应当进一步完善劳务派遣单位的责任形式和内容。

On Placement Employers Joint and Several Liability

The legal documents on placement employers＇ responsibilities are not fully consistent. According to the different persons who suffered damages, staffing firms and accepting units are required to assume the responsibilities differently. The amendments of the labor contract law adjusted placement employers＇ liability for damage, which the former dual employers jointly and severally liable with each other was changed into staffing firms on the employer＇ s unilateral joint. When a dispatched employee sustained losses from the staffing finn and the accepting unit bore joint and several liability, the objectives of the placement should be failed. If staffing firm performed the obligations alone, full compensation for dispatched employee could be met. It is also ob- vious that the forms and contents of staffing firm＇ s liability to dispatched worker should be improved.