The Research On Some Law Problem In The Labor Dispatch After Carrying Out Of The Labor Contract Law

With the social and economic development,more and more companies adopt the work form of labor dispatch. The top characteristic of the labor dispatch is the separation of"employment"and"use". The worker sign the labor contact with the dispatch organization, then the dispatch organization sends the labors to"the use".The labor dispatch is a new kind of work-law relationship, involving the dispatch organization,"the use"and the labor. Because the local government regards the labor dispatch as a way to expand employment, and the absence of local law before the carrying out of the Labor Contract Law, there are many problems such as discrimination, the increasing difficulty of the settlement of employers'responsibilities.China promulgated the Labor Contract Law on June 2007, in order to regulate the labor dispatch, protect the lawful right of dispatched labors, and maintain the normal labor relation'stability, The Labor Contract Law was made to send unified provisions about labor dispatch. Compared to the previous local laws and regulations, the Labor Contract Law defined the transformation from the"frequently hiring"and"registering"to"registering", add the dispatch organization's registered capital, and strengthen the protection of the labors'right.After the carrying out of the Labor Contract Law, there are many problems have not be settled in the practice of labor dispatch, such as the establishment of dispatch organization, the applicable scope of the labor dispatch, the contract deadline of the labor dispatch, and the employers'liability sharing. In addition, there are many new problems in the practice of labor dispatch, such as the transformation of the type of the labor dispatch, the realization of equal pay for equal work, and the way how to bear the employers'responsibilities. So through the discussion of labor dispatch system of Japanese, American, German, Taiwan area we should carry on the labor dispatch system design according to our country special conditions, from the establishment of dispatch organization, the applicable scope of the labor dispatch, the contract deadline of the labor dispatch, the canceling of the labor contract of labor dispatch, the economic compensation after the canceling of the labor contract, employers'liability sharing, dispatched labors'equal power, the unity power, the welfare safeguard power, to accept the education and training, so as to protect the lawful right of dispatched labors effectively and play the positive role of the labor dispatch fully.