On Labor Dispatch's Legal System Perfect In China

As a new employment form, labor dispatch has developed rapidly in China in recent years. This article analyzes the problems with current legislation of labor dispatch in China by starting with investigation in the concept of labor dispatch and its emgergence and development and makes some sugestions for the pefection of the legislation of labor dispatch in China in terms of value orientation on legistlation of labor dispatch, the setup of labor dispatch institutions, the application scope of labor dispatch and employer's responsibilities, etc.The whole article can be divided into five parts.The first part is concerned with the concept and definition of labor dispatch. Labor dispatch and related concepts are discussed. The author points out that the term "Labor Dispatch" is more appropriate than others regarding the phenomenon of dispatching mentioned by this article and provides the definition of labor dispatch.The second part is concerned with the emergence and development of labor dispatch. The emergence and development of labor dispatch in both our country and foreign countries are briefly introduced.In the third part, the value orientation on the legislation of labor dispatch in China is presented through the analysis of non-normal phenomenon of labor dispatch pre-and post the implementation of Labor Contract Law. One the one hand, this article acknowledges the legal status of labor dispatch. Through institution design, not only employment can be promoted, but aslo,the mainstreaming of labor dispatch can be effectively prevented and restricted. On the other hand, to protect the interests of labors, labor dispatch should be strictly regulated in order to enhance the development of labor dispatch industry healthily and orderly.In the fourth part, problems with current legislation of labor dispatch in China are discussed and suggestions for the perfection of the legislation are provided. Regarding the legislative style, independent legislation of labor dispatch in China is suggested. For the setup of labor dispatch institutions, administrative permission, reserve funds or deposit systems as well as exclusive operation system, etc are suggested. For the application scope of labor dispatch, it is suggested that definite, specific and operable regulations should be stipulated regarding employment positions and employers' types, etc. while regulations on inhibitive industries and positions of labor dispatch should be specificly stipulated. Regarding the distribution of employer's responsibilities, the dispatching organization and receptive organization should bear joint liability for dispatched labors according to the theory of "Co-Employer" while the dispatching organization and the ceceptive organization are permitted to reach agreements on their respective rights and liabilities and the agreements should not be against the dispatched labors. Moreover, the final liability principle should be applied by the rule of "Who hires, who takes responsibilities on labors".The fifth part is the conclusion part, which summarizes the major points and several views in this article.