The Research On The Common Employer Theory Of Labor Dispatch

The labor dispatch is a special employment way, in which the dispatching organization enters into a contract with the dispatched labors, and then dispatches these labors, who work in the appointed location with the direction and supervisal, to the employment organization. It's also a human resource collocating system, an occupation form, as well as a service economy. The employment report in China 2003-2004——the practice of Chinese proactive employment policy indicates that the labor dispatch is a labor disposition matter, a social resource organization and an informal employment form.The labor dispatch is in the ascendant, which is a realistic issue brought forward during the practice process of establishing the labor market system, as well as the common research issue of many subjects such as economics, administration and law. This thesis expounds the common employer theory with two great genres and justice practice both home and broad, and tries to put up with the legislative suggestion on our labor dispatch system based on the common employer theory of double labor relationship.This thesis consists of three chapters:Chapter one expounds and analyses the common employer theory of double labor relationship and the common employer theory of single labor relationship. Based on the origin of the common employer theory of double labor relationship, the thesis demonstrates its basic characteristics and three law institutions of dispatching organization, employment organization and dispatched labor. It also introduces the origin and classification of the common employer theory of single labor relationship, and finally analyses the similarities and differences between these two common employer theories.Chapter two sets forth the justice practice of the common employer theory both home and broad. In terms of overseas justice practice, this thesis mainly expounds the rule of common employer theory in the U.S.A, while the mode of Shanghai is the typical style of domestic practice.Chapter three puts up with some original proposal based on the sufficient argumentation of the theory and practice of the common employer theory on labor dispatch, with the hope of providing some valuable references for the legislation of our labor dispatch.