On Reconstruction Of Legal System Of Temporary Employment In China

The legal system of temporary employment has been used as a special type of employment system by all governments for a long time. However, the developed countries in Europe and America give it a certain legal effects with the change of labour organization and progress of way of production and work in the past ten years. After it has firstly extricated itself from certain notions that temporary employment is inferior to other ways of employment, dispatched employment gets an independent position among all the legal systems.The temporary system experienced two phases of development provided that we looked on the decree of Labour Law of People's Republic of China (the Labour Law in short in the flowing chapters )in 1995 as a land mark. Temporary employees, who were called temporary worker before the decree of the Labour Law, are defined contrary to formal worker at that time. The main drawbacks in particular administrative regulations and provisions, which are drafted by the State Council and its Ministry of Labour, are found that temporary workers cannot get equal pay in equal labour with other employees. All employees, temporary employees included, are required to sign labour contract after the name of so-called "temporary worker" has been cancelled in the layer of system with the decree of the Labour Law. Hence, it is regulated by system of labour contract. However, in a sense, the lack of system of temporary employment leads to the phenomenon that the labourer's legal rights and interests are not safeguarded owing to the contemporary abstract regulations in the labour contract system. Moreover, the problem has not been emphasized not only in theory but also in practice. The conditions can be proven that there are neither concrete contents norregulations in nearly all the textbooks of labour law in China and the Labour Law in 1995. Because of the above reasons, the thesis discusses the problem on how to refraining the temporary employment system of China from the necessity. possibility . principles and design of concrete content on the basis of the enlightment of the similar system in France.