On Government Regulation Of Labour Dispatch

Labour dispatch, as a new flexible form of employment, has gained rapid growth in China in recent years. Due to its obvious difference from the traditional forms of employment, it has received both positive and negative opinions since the day of its appearance. The disputes over the reasonableness of its existence both in practice and theory, and over the extent of government regulation in legislation, reached its peak with the further-going discussion over the Draft of Labour Contract Law. This article, through comparative study and combining theory and practice, examines the provisions on government regulation of labour dispatch of the Draft, observes the status quo and cause of labour dispatch in China, explores into the concept, character and legal nature of labour dispatch with reference to experiences of both overseas and ILO's legislation and legal enforcement, analyses related provisions of the Draft based on basic principles of administrative law, and presents ideas and proposals as to reconstruction of the legislations on government regulation of labour dispatch, in an effort to devote to the improvement of provisions thereof.This body of article contains five parts. Partâ… , concept, character and classification of labour dispatch. Through analysis of concept, character, classification and other related concepts, the difference is compared on subject structure and work process between labour dispatch and traditional form of employment. Partâ…¡, origin and development of labour dispatch. Despite the differing opinions on the country and date of origin of labour dispatch, the popular use of such form of employment and human resources management began in the 90's of last century. It is shown in this article as a result of practical analysis that labour dispatch was the product of certain stage of the development of market economy, and the product of the choice by market participants. Partâ…¢, international disputes over the reasonableness of the existence of labour dispatch. This part takes the international disputes over whether labour is a commodity by nature as the theme, in consideration of the development of the government regulation by ILO and major industrialized countries in the world of labour dispatch from prohibition to restriction, loose regulation and encouragement, concludes that the international society's understanding of the commodity nature of labour has realized its return from "Labour-is-not-a-commodity" back to "Labour-is-more-than-a-commodity." Part IV, domestic disputes over the reasonableness of the existence of labour dispatch. This part introduces the varied opinions as to the commodity nature of labour, analyses the influence brought about by such disputes upon the legislations on government regulation of labour dispatch, and, with a look into the cause of the rapid growth of labour dispatch in China, points out both the positive and negative influences of labour dispatch upon the economic development. Part V, reconstruction of government regulation of labour dispatch. This part states the basis for government regulation of labour dispatch from the perspective of the interactive relationship between market economy and government regulation, probes into the principles governing such regulation with reference to modern constitutional law theories, and, based on the comments on current provisions on government regulation of labour dispatch in the Draft, presents ideas and proposals on reconstruction of the provisions therein.Innovations of the dissertation:1. Take the Government Regulation Theory from Economics and Administration as the analytical tool, try to research the character and functions of the government in labor dispatching by Government Regulation Theory.2. This dissertation adopt several analytical methods to analyze the problem of labor dispatching. For examples, use semantic analytical method to differentiate and discriminate some similar concepts, adopt historical analyses to studying development process of labor dispatching, handle comparative analyses to discuss the government regulation of main countries and districts, and apply positive analyses to analyzing the practical situation of labor dispatching and relevant regulation about labor dispatching in the draft of labor contract law. 3. This article try to reconstruct the government regulation to labor dispatching, and put forward the theory basis and basic principles of relevant regulation. After analyses and evaluation to the draft of Labor Contract Law, this dissertation explore the domain where public power should intrude the labor dispatching...