Some Thinking On Perfecting Labor Dispatch Regulation

Labor services dispatching is a new form of employment in China in recent years, it is also called talent dispatch and talent leasing. Labor services dispatching has changed the traditional employment modes of employing units recruiting staff directly, labor contract is signed between labor services dispatching units and laborers, dispatched laborers provide labor services to employing firms, there is no direct labor relations between employing firms and dispatched labors, labor contract relationship exists in labor dispatching firms and the labors, the fact of labor force prostration betides in dispatched laborers and employing firms. Labor services dispatching plays a positive role in promoting employment and regulating demand-supply situation of labor force market, but in practical development, it also exposes many problems, it manifests mainly as the qualification of labor dispatching firms are different, the operating is non-standard, the right and duty of the main parts in labor service dispatches legal relations are not clear, and the laborers'rights and interests are extremely easy to be damaged, etc.The faultiness of the laws and regulations of the labor dispatch causes the lack of norm and guarantee in the development of this industry, hindering its sound development.In order to improve the situation that rapidly developed labor dispatching which lacks of law guarantee, "the PRC labor contract law" which carries all around and strict regulation on the labor dispatching was put into effect on January 1,2008.Its main contents includes the regulation of the qualification of labor dispatching firms, the limitation of the labor contract between the labor dispatching firms and the works, the regulations to the unconditional joint liability, etc. The basic idea of legislation is to carry out strict regulation to the labor dispatching and to limit its development. But since the "Labor Contract Law" was practiced, actual situation went to the opposite of legislative original idea, labor dispatching has been developed further. Though the "Labor Contract Law" has made complete regulations to labor dispatching, it also exists some problems and needs to be perfected further.This article goes from typical case, basing on researching the basic theory of labor dispatching, analyzing the meaning, character, law relationships of labor dispatching, combining with regulations in the "Labor Contract Law" about labor dispatching, analyzing its defects and deficiency, in the meantime, putting forward suggestions on perfecting the legislation of labor dispatching, in order to realize the legislative purpose completely.