Supreme People's Court, Interpretation on the Application of the Tort Liability Book of the «PRC Civil Code» (1) (Draft for Comments)

Main contents: [The scope of application of an employer's liability not limited to the employment relationship] Where an employee in an employment relationship with an employer or another person who executes work tasks for the employer causes injury to a third party in the execution of a work task and the injured party requests that the employer bear tort liability pursuant to the first paragraph of Article 1191 of the Civil Code, the people's court shall uphold such request (Article 12).

[Form of liability of a temp agency and the employer accepting a temporary worker] Where a temporary worker, during the placement term, causes injury to a third party in the execution of a work task, the injured party may request that the employer that accepted the temporary worker assume all tortfeasor liability or, alternatively, may request that the temp agency bear the attendant liability for such a fault as an inappropriate placement of a temporary worker.

Where the employer that accepted the temporary worker and the temp agency are co-defendants, the temp agency shall be jointly liable with the employer that accepted the temporary worker to the extent of its fault, but the compensation received by the injured party shall not exceed the scope of the harm. Where the employer that accepted the temporary worker claims that it bears proportionate liability with the temp agency, the people's court shall reject such claim.