Research On Foreign Enterprise Labor Dispatch System

At the beginning of reformation and opening, the government of China issued a system, in which requiring that all representatives of foreign enterprises, corporations, and other economic organs in China shall employ Chinese labor with the help of foreign affairs service center by the means of dispatch, named foreign enterprise labor dispatch system.Foreign enterprise labor dispatch system is an outcome of planned-economy in that period of China, which consists of so much Chinese characteristics, also with many problems existed. First, this system, from its commencement to development period, is always at the state of no legal support, second, the legal relationship of foreign enterprise labor dispatch is very different from that of common labor contract, third, there are no final conclusion that the foreign enterprise labor system shall be regulated by China Labor Law or Civil Law, last but not least, foreign enterprise labor dispatch system has done great impact to the prevail Labor Law of China.The differences among the statutes, rules, and government documents relevant to foreign enterprise labor dispatch issued by different local governments have caused lots of confusion in the practice of foreign enterprise labor dispatch. The settlement means of disputes arising from foreign enterprise labor dispatch by different local governments also differ a lot. There are no special regulations relating to foreign enterprise labor dispatch in the draft of Labor Contract Law of China. Considering all of the above, this master degree thesis focusing on foreign enterprise labor dispatch has great academic and practical value.Through the analysis of a case, labor disputes between Mr. Wang and a foreign enterprise labor service company, this thesis takes methods of comparison, comment, deduction, conclusion, and uses theory of law and economy, to analyze the foreign enterprise labor dispatch system. This thesis points out that, first, there is only one labor relationship in the foreign enterprise labor dispatch, foreign affairs service company and foreign enterprise are the joint employer of Chinese employee, have to undertake joint employer liabilities, second, foreign enterprise labor dispatch shall be regulated by labor law. Considering that foreign enterprise labor dispatch has done great impact to China Labor Law in the aspects of subject, contract system, distribution of rights and obligations by employers, protection to Chinese employee, especially the state of protection to employee shall be paid great attention, this thesis, with the basis of analysis of situation of China, nation-favor principle, law and economy analytical tools, gives legal advice that the Labor Contract Law shall include the obligations and liabilities of employer, dispatch agreement, and confirm that foreign affairs service company shall organize separate labor union, open to public the service fee, perfect the labor disputes settlement organ, and foreign enterprise labor dispatch service shall be put to market under proper conditions.There are several prominent points in this thesis, first, to the choose of subject, this thesis takes foreign enterprise labor dispatch which is often be ignored, second, to the aspect of how to perfect legal system of Chinese employee protection, this thesis give a proposition that whether foreign enterprise labor dispatch disobeys nation-favor principle or not, which is a great imagination, third, taking legal-economy analytical tool to construct Chinese employee protection system is also a great try.