| Labor-dispatching, as a new personnel-management strategy, has been continually applied by companies since its emergence. The separation of labor's utilization from employment enables it to enter the labor market at different levels; meanwhile, it has been approved and adopted by a increasing group of employment companies. Being a new labor employment mode, labor-dispatching remodeled the legal status possessed by the conventional employment relations between companies and laborers and of which, the dispatched labor is subject to double restriction of both the dispatched agency and the employment company as a result. Moreover, the dispatched labor's fundamental rights are unavailable in such a complicated employment relation mainly due to the relative backwardness in legislation plus the defect in legal system. Hereby, this essay analyzes labor-dispatching legal property in the purpose of promoting the legal status of the dispatched laborer, developing a sound dispatching employment system and boosting a harmonious employment relation. This essay also summarizes negative aspect for the realization of laborer's fundamental rights lie in our nation's existing legislation; afterwards, it proposes a general outline of labor dispatching law as well as the feasible steps in implementation.This essay branches into four parts:In the first part, the essay defines the labor-dispatching and its legal property. It starts with some representational schools on labor-dispatching and clarifies that different school owns different insight into what a dispatching agency is and what obligations the employment company is liable to and what rights the dispatching labor is entitled to. Then, this essay pays prime attention to the legal relation among three parties: the dispatching agency, the employment company and the dispatched labor with the conclusion of the theory of single-employ ship and double-operation, to the most extent, in favor of the dispatched labor's interest. Even under the breach of legal right, this operation proves to be ideal to reduce compensation cost. The second part centers on comparison and contrast of labor-dispatching legislation amidst advanced countries in this aspect. Primarily, the essay presents the sound-developed labor-dispatching legal systems in those countries through peeking into their operation on the founding of dispatching agencies; the running coverage of the dispatching service, the specifications of employer's liability as well as their regulation on how to realize the dispatched laborer's rights. That almost all the countries, for the sake of dispatched laborer's interest, are strict on the founding of dispatching agency. To exemplify Germany and Japan, the former issued license system and the latter set down different standards in accordance with the disparity between dispatching agency running on short-term dispatching service (which is in the form of signing in) and dispatching agency running on long-term dispatching service. As for America, the law requires the dispatching agency apply for the consent from the United States Government in advance of founding. There are even ten states in the United States who issued the law that requires the dispatching agency to apply for the consent from the state government as well. With regard to these counties'achievements in this area, our country had better draw a lesson from. However, we ought to be thoughtful, especially of the peculiarities inherent in our home.The third part penetrates into the current status of the realization of dispatched laborer's fundamental rights, then reveals the defects in the current labor-dispatching legislation. Labor-dispatching is such an elastic employment-mode that acts vigorously in satisfying the needs of supply and demand flow in labor market. Owing to the disorder in our country's labor-dispatching industry adds the high rate of violating to laborer's legal rights, therefore, the significance of labor-dispatching has been reduced dramatically. From the scandal of Coca Cola Laborer Abuse, this essay raises some principal drawbacks in the labor-dispatching market, such as the wide gap among various dispatching agencies; the piling up instabilities threaten the employment relations; the discriminative treatment and abusing of the dispatched laborer; the difficulties in safeguarding the laborer's right to freedom association; and the obstruction standing on the way when compensating the injured laborer. In the meantime, this essay also points out the unsoundness in labor-dispatching legislation theory together with uneasiness in its implementation. To illustrate this, the author comments on the problems relate to the founding of the dispatching agency, the regulatory service scope allocates to the laborer, plus the specification on employer's liability.The fourth part discusses how to improve the existing dispatching-labor legislation. The essay puts forward that, facing the rapid growth of labor-dispatching market and an expanding army of dispatched laborers, to improve our country's dispatching-labor legislation and system is indispensible. To provide legal basis for defending the laborer's interest in and out dispute is imperative. What the most important is that we should be sensible to the valuable experience of the advanced countries and at the same time, be considerate of our own conditions. On the one hand, the essay reveals the necessity of a specialized labor-dispatching legislation as for the general conception of labor-dispatching legislation, in addition, suggests that the regulation should be enforced at different stages; that the employment relation should be carried out directly from employer to employee (dispatched laborer); that the dispatched laborer should be protected by the related government institution from various levels; and that the dispatched laborer should be capable to protect himself/herself by law. On the other hand, the essay regards a standardized administration of the labor-dispatching industry, in the light of practical legislation operation, ensures an all-around protection of the dispatched laborer's right, furthermore, a well-developed protecting system. Accordingly, a stringent control and supervision on the founding of the dispatching agency from government is of necessity and the following four steps are required to be taken: the implementation of licensing system on dispatching agency's founding is the first among equals; the prohibition on the government institution's running of dispatching agency, which is as bizarre as one person plays both the referee and player in one round, comes as the second; the standardized administration on the running of labor-dispatching industry purposing at defending the laborer's right more practically is the third step; and the final step is to issue a detailed specification that clarifies the service coverage of the laborer and the quota on the laborer number that the employment company hired, thus, to guarantee the growth of the labor-dispatching is in order. Concerning the right to freedom of association, according to the author, it is advisable to either set up Workers'Union that affiliate to the established Workers'Union on various scales taking advantage of our country's centralize unified. Workers'Union system or set up Workers'Union by the dispatched laborers themselves. Another approach to this is to set up Trade Union that based on the labor-dispatching trade. In this manner, the laborer exercises his/her right to freedom of association, to collective bargaining and to strike in the name of the Trade Union. In consideration of the employer's liability, it is essential to specify the duty and obligation that the dispatching agency is liable to, the same to the employer company in order to establish a sound monitoring system in labor-dispatching industry and to indeed realize the dispatched laborer's right.
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