The Analysis On The Elements Of China's Labor Dispatch

With the labor contract law amendment the dispatch Interim Provisions "successively promulgated and implemented, the formation of the new legal system concerning the labor dispatch, compared with formerly used in reinforcement of the regulation of the labor dispatch unit, we happy see in improve the labor dispatch unit of the registered capital of this, detailed employment posts" 3 characters "do efforts, to promote the harmonious and stable development of the labor relationship, to eliminate the confusion of the labor dispatch market to a certain role. However, there are still some problems need to be discussed and solved in the aspects of the labor dispatch unit and the employer's duty and legal responsibility. Compared to the provisions on legal liability and before the draft, "Interim Provisions" reservations. This treatment in a certain extent will weaken the relevant provisions of the labor dispatch main force and deterrent force. While the labor dispatch can meet the needs of flexible employment, it not only to alleviate the agricultural and other seasonal industries short-term labor shortage, can also so that employees can get rich practical experience for future and enterprises signed labor contracts provide advantage conditions. Therefore, to clarify the status of labor dispatch in the labor market, build perfect labor dispatch legal system, is the important link to ensure the healthy development of labor dispatch, and build a stable labor market.However, the dispatch itself has two protocols, which is different from that of standard labor relation. Once the law for rights and obligations of the elements of labor dispatch is not clear, it may damage the rights and interests of workers. If China wants to have an effective labor dispatch legal relationship, there are still many problems to be solved urgently.After the author's analysis of the case, the author puts forward the judicial dilemma in labor dispatch of China.The first chapter is the analysis of the basic theory of China's labor dispatch requirements. The article is based on a labor dispatch case. On the basis of analyzing the meaning and requirement of labor dispatch, this paper analyzes the basic theory of the analysis of labor dispatch in our country.The second chapter is to analyze the legal status of labor dispatch units in the labor dispatch, exploring the current situation of the legal regulation of labor dispatch in our country. On the basis of the case study, the author compares the foreign related legislation. According to China's current laws and regulations on the labor dispatching unit, analyze the legal theory on the labor dispatch. The labor dispatch unit of the legal regulation and regulation are proposed.The third chapter is the analysis of another important element of labor dispatch -- labor unit. On the based study of different countries'Labor Law, finding the existing problems of China's labor dispatch. On the basis of the re definition of the main qualification, the nature of the employment and the legal obligation, the article proposes regulation of the legal responsibility of the labor unit.The fourth chapter is the comparison of labor dispatch and employment similar patterns. Comparing with the assist of staff and the labor outsourcing, the article clears the difference between them.