Research In Legal Regulation Of Labor Dispatching

The tide of overseas labor service, lay-offs, migration of rural labor and graduation, contribute to the present labor dispatching in China. Labor dispatching which has great flexibility, not only eases the social employment pressure, but also saves up the labor cost in firm. Now, it has become the important supplement to traditional labor. Because our country lack effective legal regulation for labor dispatching, the phenomenon of damaging the legitimate interest of the employees spread widely in practice. As the Labor Contract Law, the Implementing Regulations of Labor Contract Law, and the Labor Dispute Mediation and Arbitration Law have promulgated and implemented, some rules related to the labor dispatching, not only fill the legal blank and symbolize that the legal system of the labor dispatching has established officially, but as well have great meaning for normalizing our labor dispatching market and protecting the legitimate interest of the employees. However, the new laws expose some limitations in practice and still have some space to perfect. This research uses the Sociology, Science of Labor Legislation and other interrelated knowledges to study and analyze the legal regulation condition of the labor dispatching in China. Through using the foreign advanced legislation of the labor dispatching as a source of reference, the text proposes some target-oriented suggestions for the existing problems. All these research are beneficial to assure the legitimate interest of the employees and maintain the job order.This text has six chapters:Chapter One-Introduction, primarily elaborates this research's background and meaning, summarizes the labor dispatching study both home and abroad and indicates the train of thought and the innovative points.Chapter Two-Academic summary of the labor dispatching. Firstly, comparing with the similar concept and focusing on the meanings and characteristics of the labor dispatching the chapter makes the labor dispatching's connotation clear. Then, it comments the relation theory and the concrete legal relationship about labor dispatching and finally presents the subject and risk of its application.Chapter Three-Current legislative situation and analysis of the labor dispatching in China. Through studying deeply the Labor Contract Law, the Implementing Regulations of Labor Contract Law, the Labor Dispute Mediation and Arbitration Law and some advanced bylaws, this chapter finds out that our country's legal regulation of the labor dispatching has some disadvantages. The establishment of staffing firms lacks for assorted system for safeguards. The applicable scope of labor dispatching is short of specific applied code. The provision about equal pay for equal work is too simple. Referring to the staffing firms and the accepting units how to shoulder the joint responsibility, the related judicial safeguard is indistinct.Chapter four- Overseas legislation and analysis of the labor dispatching, generally introduces overseas legislation in labor dispatching and borrow some advanced legislative measures in: the establishment of staffing firms, controlling application area for labor dispatching, the accountability of staffing firms and the accepting units and so on.Chapter five-Perfection of labor dispatching in China, directed towards our country's legislative problem, this chapter proposes some related suggestions from the angles of standpoint of legislation, theoretical and judicial environment by using foreign advanced legislative measures as a source of reference.Chapter six-Conclusion, the author believes that in order to facilitate a healthy and orderly development in labor dispatching, China must emphasize the synthesis utilization of legislation, law enforcement and justice.