The Negative Effects Of Labour Services Dispatching And Their Coping Mechanisms

Labour service dispatch is a system,which involves labour contracts entered by labour service dispatching units and dispatched workers,and labour service dispatching contracts entered by labour service dispatching units and working units,stipulating that labour service dispatching units will be paid for the service provided by dispatched workers to the working units.Although the system of labour service dispatch started lately,it has been developing rapidly to one of the employ methods not to be neglected.Considering substantial difference from traditional employ method because of the separation of employment and utilization,it ought to exist some positive effects and negative effects differing from traditional labour services.While it has been adopted by more and more working units,we should be aware of the situation infringing legal rights and interests of the three parties,due to the complication of the newly-formed employment relations.Therefore,we should apply some legal measures to regulate it's negative effects during the course of protecting and promoting the development of the labour services dispatching system."People's Republic of China Labour Contract Law"has been implemented since 1 January,2008,which stipulates the system of labour services dispatch and fills the loopholes of this newly emerging system,providing system guarantees for it's the further development.However,this complicated system,especially the legal relations of the three parties which breaks through the traditional labour relations,cannot be simply prescribed by several articles of this law.Consequently,the promulgation of "Labour Contract Law" has brought new opportunities for development as well as brought new challenges.This paper,aiming to perfect labour services dispatch system,has made a systematic study of this system,which is divided into five sections,including the general interpretation of theory of labour services dispatch system,the analysis of the negative effects of labour services dispatch system,the theoretical basis of solving aforesaid negative effects,the references of foreign services dispatch system,and the status in quo of labour services dispatch system in China and measures to prefect this system.The first part - the general interpretation of theory of labour services dispatch system.These theories include origin and development of dispatch system,the analysis of causes of it's origin and development,the existing social value of this system.This part affirm the significance and function of it's existence through the rationalization of general theory.The second part - the analysis of the negative effects of labour services dispatch system.Every rose has it's throne,and this system is with no exception.We should confront it's negative effects correctly,while admitting the value of it's existence.The third part - the theoretical basis of solving aforesaid negative effects.Though analysing it's causes of formation,that is,the separation of employment and utilization,combining the judgement of nature of legal relation in labour services dispatch system by law scholars,I hold the view that the relations which are formed between the dispatch of units and the workers are labour relations,which are formed between labour units and the dispatch of units are dispatch services contractual relationship,which are formed between employment units and workers are labour services relations.Only the correct understanding of the relations among the three parties can help us to minimize the negative effects of this system.The fourth part- the references of foreign services dispatch system.Since this system starts lately in China,whereas the related legal systems in other countries is comparatively mature due to their early start,as a result,the introduction and reference of their advanced experience will play a positive part in the perfection of our legislatoion.In this part,I purpose to introduce the legislations of United States and Japan to absorb their advanced systems,aiming to remedy the imperfections of our stipulations and to cope with new challenges confronting this system.The fifth part- the status in quo of labour services dispatch system in China and measures to prefect this system.Based on the above analysis,I put forward three points to perfect this system:establishing a three-dimensional system to enforce "Labour Contract Law"; promulgating the judicial interpretations of "Labour Contract Law";enact new system to remedy the imperfections of "Labour Contract Law".