The Study On Labor Dispatching Under The Background Of New Labor Legislation

Labor Dispatching has developed for many years in the world and risen at home from 1990's. Various laws and regulations are being implemented to stipulate Labor Dispatching issue in different countries and regions, while in China no special law has been made and put into use yet. Only some local regulations in provinces, cities and municipalities can be consulted to solve Labor Dispatching issues, in which so many defects exist that problems of Labor Dispatching issues cannot been solved now. Therefore, studying of primary law problems on Labor Dispatching, especially under the background of new labor law can enrich our cognition and develop the theories for building up the law system of Labor Dispatching in our country.Chapter 1 induces the purpose from the background and motives of studying.Chapter 2 studies the concept, connotation and characteristics of Labor Dispatching, which is a kind of complicated" triangle" employment from traditional employment. There are three parties in Labor Dispatching, including dispatching agency, dispatching staffs and user firm. According to the contract between dispatching agency and dispatching staffs, the latter need to work for user firm under its instruction and supervision. As consideration, the user firm needs to pay for the services of dispatching workers, including wages, social insurance, service charge of dispatching agency in accordance with the contract between dispatching agency and user firm. Within the special relationship of Labor Dispatching, the user firm for which dispatching staffs work is not their legal employer. The complexity of Labor Dispatching is that it has two types of "often employment" and "register employment". The former means that the dispatching agency send the long-term employee to user firm for service, and the employment relationship is not influenced whether the employee is sent or not. The latter means that labors merely register in the dispatching agency before accepting dispatching task and dispatching agency will not sign labor contract with them until manpower requirement has been put forward by the user firm.Chapter 3 studies the terms stipulating Labor Dispatching issues from Labor Contract Law, Labor Dispute Law, etc, and analyzes various understandings of Labor Dispatching during the process of Legislation in our countries. Chapter 4 analyzes the main law problems existing in Labor Dispatching and legal relationship among the 3 parties mentioned before: 1.Who is the legal employer of dispatched staffs? 2. Who should undertake the employer's duties and responsibilities? 3. Who possesses and exercises the power of punishment? 4. Labor Union negotiates with user firm on behalf of employees who have the collective-bargaining right.Chapter 5 discovers the problems existing in our Labor Dispatching legal system and tries to put forward some suggestion of designing the concrete norm,by studying the law system of Labor Dispatching in Japan, the United States, and International Labor Organization convention,Chapter 6 is the conclusion and summarizes the standpoint of the article, and put forward the subject which will be studied in the future.