Research Of Law Problems On The Labor Dispatching

With the rapid development of labor dispatching in China recently, traditional employment pattern that employing units recruit laborers directly has been changed. The situation has formed that law dispatching units without working condition can establish labor relationships with laborers, but the employing units of both labor post and working condition are reluctant to build labor relations with laborers , which gives a challenge to traditional labor law and labor relationship. Although this employment mode has great effect on promoting employment and reducing enterprise cost, some illegal and disordered labor dispatching behaviours cause considerable damage not only to laborers'legal rights but also to harmonious and stable labor relationships , due to the lack of legislation. During the process of making Labor Contract Law, labor dispatching became one of the most disputed focus problems, which was repeated both in the draft and in the revision. Finally, one chapter was adopted to stipulate contract relations among dispatch organization, employment units and laborers etc. Limited to the fact that domestic research on labor dispatching is still at the low level without a completed system together with insufficient judicial practice experiences, some important stipulations of labor dispatching are too principle in the law, lack of maneuverability. Therefore, it has become a concerned problem how to understand legal provisions on labor dispatching after the issue of Labor Contract Law.Through the introduction of origin, development, concept and characteristics and the analysis of labor dispatching relations , based on the investigation of historical situation and abroad legislative experience, this paper studied the legislative purpose and value orientation of labor dispatching in China's Labor Contract Law. Combined with cases, it also puts forwards some suggestions on current legislation shortcomings, in order to put fundamental clauses of labor dispatching into effect , which will avoid the situation that no laws to abide by before the issue of Labor Contract Law and failure to observe after the issue of Labor Contract Law.