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Law Thinking From KFC Labor Dispatching Case

Posted on:2008-10-31Degree:MasterType:Thesis
Country:ChinaCandidate:J DongFull Text:PDF
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Labor relations can be divided into the two sides'traditional labor relations and the "Triangle" labor dispatching relations by the parties. In traditional labor relations, one party is employer; the other party is employee. They are certainty and stability. However, In "Triangle" labor dispatching, one party is employing company, one party is hiring units, and the other is the employee. One employer is divided into two parties. Which one share employers'responsibility and obligation? Therefore, labor relations turn to uncertainty and instability. Labor Law is mainly targeted at bilateral labor relations. "Triangle" labor dispatching relations can not be entirely applicable to the current Labor Law. Labor Law has a blind spot in labor dispatching. KFC labor dispatching case occurred in the labor contract law Legislative time which was called the first labor dispatching was a typical case of labor dispatching abused without regulation. Labor dispatching provision was specially made in the second section in Chapter V of labor contract law on June 29, 2007.Labor Law has both public and private character as a social law. Some provisions in Labor law are mandatory norms because of protection for the interests of the workers surviving; they are the bottom line of human resources management. Labor relations are exchange of labor and compensation. So labor relations also remain the arbitrary standards which give labor law private character. Private character gives human resources management a relatively flexible space. In this paper, starting with the deformity labor relations of KFC labor dispatching, based on labor dispatching theory, used comparative analyses of the law and empirical method, analyzed labor dispatching mandatory norms of China's labor contracts law , and proposed to achieve harmonious labor dispatching relations in the arbitrary norms of the labor contract law , in order to achieve the balance of law and management and balance of Litigation and non-litigation.
Keywords/Search Tags:Labor dispatching, Labor contract law, Law analyses, Human resource management
PDF Full Text Request
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