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Research On Chinese Labor Dispatch System

Posted on:2010-05-22Degree:MasterType:Thesis
Country:ChinaCandidate:X XiaoFull Text:PDF
GTID:2166360275960856Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Labor dispatching originated from developed countries and entered China last century. It is the important supplementation of traditional employment mode. In its development,due to the absence of adjustment of legal regulation,there is the fact that the interest of labor is harmed from time to time. There is many controversial on the system itself. This system is attacked as the means of escaping from the responsibility and damage the interests of workers. So it should be prohibited. But at the same time it was also suggested for this reason that a more appropriate laws and regulations should be established to regulate them. The introduction of the Labor Contract Law give legal status in the labor dispatch, clarifying the legal obligations and responsibility. It gives the double protection to the laborers dispatched and leads labor dispatching to the standard employment track while keeping its specific character. In this paper, through the research of labor dispatch system, explored the basic situation of the Chinese system, expressed the hope to further improvement of legislation in order to deepen our understanding of the dispatch services.This article is divided into three parts.The first part is to send an overview of labor dispatching. This section expound something including the concept of the dispatch services and features, the basic legal relationship between the emergence of labor dispatch system, the development of the system, the value and the aim of Labor dispatching ,to lay the foundation for depth analysisThe second part is to send our country's labor dispatching. Starting from removing the shortcomings of labor dispatching,Law of Labor Contract applies the legislative thought of standardization of non-standard labor relationship to labor dispatching, regulating the current labor dispatching to make labor dispatching become employment form with more strictness than the standard labor relationship. It lies on the development of labor dispatching, legislation and regulations, focus issues, implementation and the status quo and so on.The third part is to improve our country's labor dispatching. Law of Labor Contract to send a large extent on specification of the labor dispatching remove the shortcomings of labor dispatching, strengthened the rights of workers, has changed the previous situation of no legal basis for sending. However, I think there are some perfect places required. Including the right of association of workers, clearly stipulates the responsibilities and obligations of employers and strengthening of labor security supervision .
Keywords/Search Tags:Labor dispate, Workers, employer liability
PDF Full Text Request
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