Study On The Protection Of Rights Of The Dispatched Workers In China

As a new type of laboring, labor dispatching develops rapidly in our country in recent years. Compared with traditional laboring modes, it has its special features because it involves three parties, namely, dispatching units, labor-using units and the dispatched laborers. In the dispatching activity, the dispatched workers are employed by the dispatching unit, yet used by the labor-using unit. The latter has the authority of directing and managing the dispatched workers. The separation of "employing" and "using" puts the dispatched workers at the weak end of the relationship. Therefore, the right protection of the dispatched workers has its peculiarity and difficulty.With The Labor Contract Law and The Enforcement Regutations of Labor Contract Law issuing and putting into practice, the lawless situation of the dispatched laboring is changed. It standardized the dispatching action, restrained the unordered dispatching development and strengthened the dispatching protection. But the laws are not perfect, with much room to be improved. The thesis is to argue that we should learn from the successful legislating experience of Japan, Germany, USA and Taiwan district, and take our country's own situation into consideration to improve the laws of dispatching laboring so as to protect the dispatched workers'right effectively and exert their working enthusiasm fully.This thesis falls into six parts. The first part is the introduction, which illustrates the research background and value of the thesis, the general survey of the labor dispatching at home and abroad, together with the thoughts and methods of the research. The second part is the overall theoretic survey of the labor-dispatching. First it deals with the concepts, types and features of labor-dispatching; then on that basis, it points out the differences between labor-dispatching and other law relationship. The third part of the thesis analyses the protection offered by the Labor Contracting Law, which points out the good sides of the Law. It definitudes the legal relationship of the three parties in labor-dispatching activity, regulates the duration of the labor contract and labor-dispatching, clarifies dispatched laborers'rights, specifies the responsibilities of the dispatching units and labor-using units. All these are positive. Meanwhile, there are some imperfect points in the Labor Contracting Law, such as, establishing of the dispatching units, payment rights of labor, appliable scope of labor-dispatching and the way of punishing the dispatching units and labor-using units for their violation against laws. All this makes the law somewhat impractical. The fourth part is the arguing and reason-analyzing of the existing problems upon the protection of our country's dispatched laborers. The paper holds that the problem of our country's dispatched laborers'right protection is not well solved. There still exist many problems such as unstable relationship of laboring parties, overuse of labor-dispatching, no guarantee of professional security, unfair treatment and inability to unite as one, etc. The reasons are:supply exceeding demand, profit-making quality of dispatching units, supervision system not being powerful enough, insufficiency of the dispatched laborers'legal consciousness and safeguard ability and so on. The fifth part proposes the suggestions to improve our country's dispatched laborers. The paper suggests that we learn from the legislating experiences of Japan, Germany, USA and Taiwan district. At the same time, on the basis of our country's concrete situation, it proposes to perfect legislating process from the aspects of selecting dispatching units and process more strictly, perfecting regularity of equal pay for equal work, clarifying applicable scope of labor-dispatching, strengthening supervision upon dispatching units, distributing employers'responsibility and soon. The sixth part is the conclusion. The thesis holds that if we want to make dispatched laborer's right more guaranteed, we have to regulate dispatching more strictly and have to perfect the Labor Contracting Law and related laws. And it is necessary as well to do research on how to constitute Law of Dispatching Laborers of P.R.C..