The company outsourced the work to another company, the work of an accident, should belong to the work injury, the labor dispatch unit and the employer to bear joint and several liability. Work contracted out to workers injured, the contractor to bear the liability, the company is jointly and severally liable. Under special circumstances, the contractor may also be jointly and severally liable.
Legal Objective:Article 58 of the Law of the People's Republic of China on Labor Contracts The labor dispatching unit is the employer referred to in this law, and shall perform the obligations of the employer to the workers. The labor contract concluded between a labor dispatching unit and a dispatched worker shall, in addition to the matters stipulated in Article 17 of this Law, set forth the employing unit of the dispatched worker, as well as the duration of the dispatch and the job position. The labor dispatching unit shall enter into a fixed-term labor contract with the dispatched worker for a period of more than two years, and shall pay him or her monthly remuneration for his or her work; during the period in which the dispatched worker is not working, the labor dispatching unit shall pay him or her monthly remuneration in accordance with the minimum wage standard set by the people's government of the locality in which he or she is employed. Article 59 of the Labor Contract Law of the People's Republic of China (hereinafter referred to as the Labor Dispatch Law) A labor dispatching unit that dispatches workers shall conclude a labor dispatch agreement with the unit that accepts the dispatch of workers (hereinafter referred to as the employing unit). The labor dispatch agreement shall stipulate the number of positions and personnel to be dispatched, the duration of the dispatch, the amount and method of payment of labor remuneration and social insurance premiums, and the responsibility for violation of the agreement.