On The Protection Of The Employee's Rights In 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 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. The regulation on the labor dispatch is not made and specified until the adoption of the Law of The People's Republic of China on Employment Contract by the 28th Session of the Standing Committee of the 10th National People's Congress on June 29, 2007.Regulating on the requirements for establishment of the dispatch organization, the obligation of both the dispatch organization and "the use", the fair share of the employers' responsibility and the legal issue of the employment contract and labor dispatch agreement, this law therefore makes an effectual and active effection on the protection of the employees' rights in the labor dispatch.However, there are still some important issue left which are of influence on the employees' right in the labor dispatch. The author try to make some analysis in this full text on it.