The Main Theoretical Disputes On Regulation Of Labor Dispatch In China And The Choice Of Path

Labor Dispatch is a new employment pattern in China. Because of non-standard employment of labor dispatch, the interests of workers had been infringed frequently. So the people are increasingly concerned about the regulation of labor dispatch and expecting to regulate labor dispatch by legislation. The implementation of "Labor Contract Law" provides an opportunity for that. However, it is disappointing that there are two trends on labor dispatch after the promulgation of the "Labor Contract Law". First, the development of labor dispatch accelerated; second, the number of the arbitration proceedings cases on labor dispatch increased rapidly. The implementation of Labor Contract Law was intended to regulate or restrict the development of this employment mode and to serve as a supplement to traditional labor relations. But unexpectedly that since the "Labor Contract Law" has been promulgated, labor dispatch has not been standardized and restricted, but stimulated the abnormal prosperity and development of labor dispatch. For the above, the Ministry of Human Resources and Social Security drafted the "Provisions labor dispatch (draft)".And in 2009, it ended the consultation for the draft within the system, but so far it seemed came to nothing, heard from since. Since the draft of Labor Contract Law was opened to the public for comments, intense theoretical disputes on regulating labor disputes through law has been existing. And the disputes are not terminated after the promulgation of Labor Contract Law, but have become more and more intense. In a sense, the existence and development of the labor dispatching industry is becoming a puzzle. The fundamental approach to crack the puzzle and standardize the dispatch is to sort out the disputes and clarify the thoughts. It needs us to explore the patterns and paths suitable to the labor dispatch system of our country and provide the theoretical basis for improving the labor dispatch system. This paper will analyze the main theoretical controversies on the existing dispatching system in our country at first, referring to the basic theory and practical experience of the other countries on relevant regulation of labor dispatch and eventually provide some choice of path for regulation of labor dispatch, which, hopefully, will provide the foundation of the theory and legislation for the perfection of labor dispatch in our country.