Studying Of Law Problem On The Labor Dispatching

Labor Dispatching has been developed for many years in the world and risen at home from 90's in 20 centuries. Local statutes have put in practice in some provinces, city and municipality, in which so many defects there are that problems in the Labor Dispatching have not been solved. Therefore, studying of primary law problem on the Labor Dispatching could enrich cognition of people. At the same time, provide the theories for building up the law system of Labor Dispatching in our country.This text is divided into five chapters totally.Chapter 1 induces the purpose from background and motives of studying.Chapter 2 Studying of the concept, connotation and characteristics of Labor Dispatching that is a kind of complicated" triangle" employment from traditional employment. There are three parties in the Labor Dispatching, including dispatching agency, dispatching workers and user firm. According to the contract between dispatching agency and dispatching workers, the latter need to work for the former under its instruction and supervision. As consideration, the user firm needs to pay for the services of dispatching workers, including wages, labor insurance, service charge of dispatching agency in accordance with the contract between dispatching agency and user firm. So the Labor Dispatching is triune employment form that differs from traditional form in which the employee service for the employer under his instruction and supervision directly. However, the Labor Dispatching differs from contract of work entirely. The purpose of dispatching agency is to provide dispatched workersfor the others, and the contractor employs labors for himself. In other words, object that dispatched workers service for is not the employer-in-law, but labors of contractors do. The complexity of Labor Dispatching is that it has two types of "often employment" and "register employment". The former means that the dispatching agency send the long-term employee to user firm for service, and the employment relationship is not influenced whether employee is sent or not. The latter means that labors merely register in the dispatching agency before accepting dispatching work and dispatching agency could not sign labor contract with them until manpower requirement have been put forward by the user firm.Chapter 3 analyze main law problem existed in the Labor Dispatching related to the labor law, penal code, the labor union law, the industrial injury insurance regulation.1. As far as labor contract is concerned, the dispatching agency is the employer of dispatched workers naturally. But the user firms hold the rights asking for service and the power of directions and order to dispatched workers. Moreover, user firm exercises the majority of functions of employer of traditional employment. Therefore, it is difficult to know who is the employer of employees, and would be unfair in burden of parties if either the dispatching agency or user firm were deemed as employer. So that we may use the concept "joint employer" established in the law system of U.S. We should regard the user firm and dispatching agency as joint employer of dispatched workers in accordance with equity principle in order to solve the problems.2. Who should undertake the employer's duties and responsibilities? Firstly, although dispatching agency and user firm may make promise each other about the duty and the responsibility involved in the rights and interests of dispatched workers, But when the relevant terms of contracts are unclear or not agreed upon, who should undertake the employer's duties and responsibilities. Secondly, because the user firms are not the employers of the dispatched workers in laws, they would not be punished for violation of the labor laws and regulations on labor administration if they compel their dispatched employees to work by restricting their personalfreedom. Therefore, the concept "joint employer" can be borrowed for admeasuring dispatching agency and user firm the duties and responsibilities as to the problems can be readily solved.3. Who possesses and...