The Deficiency And Improvement Of Labor Despatch Legal System

Rules for labor dispatch in Labor Contract Law is a kind of legislative practice based on a poorly conceived theory. Although they seem to be very strict, deficiencies in the law lead to ineffective protection of dispached workers'legal interest, finally the stability of standard labor relations is seriously affected. Due to both the social and economic values of labor dispatch and its negative effect, we must strike a balance to restrict labor dispatch when we inprove its legal system, in order to make it play an active role and at last achieve win-win outcome. The legislative purpose of Labor Contract Law is to provide guidence for finding the balance.The legislative purpose of Labor Contract Law is its soul, concerning with its basic properties, positioning and legilative direction, which play a vital guiding role for the design of concrete labor contract law. In order to realize its purpose to protect the legal right of labor, Labor Contract Law set strict regulation for labor dispatch. For instance, strict rules are prescribed for the admitance criteria for the subject, the range of labor dispatch, duration of contract of labor dispatch, rights of subjects and the commitment of duties and responsibilities and so on, which provide legislative authority for solving problems in labor dispatching and make great contribution to legal rights protection of dispatched workers, promoting the construction and development of harmonious labor relations.However, there still exists conflicts between labor dispatch legal system and the legislative purpose of Labor Contract Law. It is manifested in these aspects. Firstly, the admitance criteria for labor dispatch in our courty is too low, the right of dispatch entity and the employer is generalized, which is in favor of dispatch entity and the employer, but not for protecting the legal right of dispatched workers. Secondly, the legal right of dispatched workers is be specific as principles,which is not operational. The right of dispatched workers can not be guaranteed. Thirdly, for the maldistribution of responsibility between dispatch entity and the employer,if the protection given to dispatched workers is more than necessary, then dispatch entity will take too much responsibility, and at last, the right of dispatched workers will be violated. Forthly,Relief mechanism for the right of dispatched workers is inperfect, dispatched workers can not get effective relief promptly when their right is violated. Therefore, so as to protect labors'right and realize the legislative purpose of Labor Contract Law, the labor dispatch legal system should be improved as soon as possible.