Research On Workers Dispatching

Workers dispatching concerns with three parts, which results in a particular triangular employment relationship. Workers dispatching has existed for many years overseas, and the law is across-the-aboard. In recent years, workers dispatching has developed well in China. For lack of law , there are many problems produced from workers dispatching, some of which changes into social problems. By analyzing and reviewing the development of the workers dispatching and the experience of the lawmaking , this article try to give some advice for the lawmaking of"The labor contract law".This article is divided into three chapters.In the first chapter, this article analyzes the problems in the workers dispatching beginning with the dispute of the workers dispatching in academe. This article sums up two kind of bifurcation in academe .The one is the theory of denial, which affirms to prohibit the workers dispatching, and the other is the theory of affirmation, which proposes to retain the workers dispatching by the rational induct.In the second chapter ,wo talk about the three kind of the theory of Workers dispatching.First,we have a judgement on the theory of denial, which points out that the biggest shortage of it is far away from the practice. In this chapter ,we affirm that the development of the workers dispatching is inevitable ,for the change of the environment of the industry and the structure of the workers ,as well as the flexible employment policy.Second we talk about the the one-dimension labor relationship theory.In the third chapter, we discuss the four representative embranchments of the theory of the denial. The one-dimension labor relationship theory ignores the personal and subjective character of the labor relationship, so that the problems from the workers dispatching is difficult to settle.Finally,we talk about the two-dimension labor relationship theory, which is the affirmed by this article. According the theory, there is labor relationship between the dispatched work agency and the dispatched worker ,and the labor relationship also exist between the user enterprise and the dispatched worker, which we call it a particular labor relationship. With the two-dimension labor relationship theory, we can assign the fiducial lawful obligation of the employers between the dispatched work agency and the user enterprise by the different function of them in the workers dispatching. With the two-dimension labor relationship theory ,we settle the problems from the workers dispatching rationally.In the last chapter I try my best give some advice for lawmaking on basement of the two-dimension labor relationship theory. First, with a research on the the lawmaking overseas,in Taiwan and districts of China. I discuss several important problems which exists in the workers dispatching in order to give some advice for the lawmaking...