Rights Protection Of Labors In The Labor Dispatch

The labor dispatch is a work form which"the dispatch organization"works out the dispatch contract with the labors after obtaining labors' agreement, then"the dispatch organization"sends the labors to"the use". The labors provide the service under the direction and surveillance of"the use". The top characteristic of the labor dispatch is the separation of"employment"and"use".The form of the labor dispatch divides into "frequently hiring" and "registering". "Frequently hiring" refers that the dispatch organization sends the labors hired to provide work. The work contract between the labors and the dispatch organization belongs to non-periodical work contract. The registering labor dispatch means that the dispatch organization and labors have no regular work relations, the labors only register in the dispatch organization until the enterprises in need of labors demand the dispatch organization for them, and the demand satisfies the labors' condition, then the dispatch organization signs the dispatch contract with the labors. The registering labor dispatch is mostly used in our country at present.The labor dispatch is a new kind of work-law relationship, involving the dispatch organization,"the use"and the labor, but the present theory system and frame of labor law is unable to hold and adjust these legal relationships. Therefore, because of the absence of law and a series of reasons, in terms of the protection of labors'interests, there are many problems such as discrimination, the difficulty-enlargement of employers'responsibilities settlement. So through the discussion of labor dispatch system of Japanese, American, German, Taiwan area we should carry on the labor dispatch system design according to the our country special conditions, from the establishment of dispatch organization, the applicable scope of the labor dispatch, the contract deadline of the labor dispatch, employers'liability sharing, dispatched labor's equal power, the unity power, the welfare safeguard power, to accept the education and training, so as to protect the lawful right of dispatched labors effectively and play the positive role of the labor dispatch fully.