关键词: 临时工, 劳动法律关系, 安全保障义务, 不作为, 侵权责任

Abstract:

When the temporary staff’s rights are infringed in their employment，they need to decide whether to claim compensations
of employment injury insurance or compensation for infringement of civil rights according to whether they have legal
labor relationship with the employing unit. The establishment of labor relationship can provide a more comprehensive protection
to labors，but the many substantial requirements exclude temporary staff. Thus，determining responsibility for infringement of
temporary staff’s rights becomes more important，as it provides a final protection for labors. The security assurance of temporary
staff is the employer’s legal obligation. If their negative act leads to the result of injury，the employer should assume
corresponding responsibilities. The various forms of civil relationship increase the difficulty of responsibility determination in
infringement cases. Studies on responsibility determination in infringement of temporary staff’s rights contribute to unification
of responsibility determination in infringement in legal practice.

Key words: temporary staff, legal labor relationship, obligation of security assurance, negative act, infringement liability