Font Size: a A A

Research On Protecting Dispatched Labor's Right

Posted on:2011-07-28Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y WangFull Text:PDF
GTID:2166360305456894Subject:Economic Law
Abstract/Summary:PDF Full Text Request
In 1990s, labor dispatch starts to rise in China. It appears initially in the developed areas and expends to the majority of our country, becoming the significant component of flexible employment. The wide use of labor dispatch decreases the employment charges as well as the cost of use and management; in addition, it makes the employers avoid some certain employment risks and duties that there is no labor relation between the dispatched labors and the employers. In 2007,"Labor Contract Law"was issued and it makes explicit stipulation to the labor dispatch, which fills the blank of law for labor dispatch system. The Labor Contract Law defines the employment forms of labor dispatch as temporary, subsidiary or alternative posts of duty, meanwhile, it makes specific regulations to the third party's obligations and duties. At the same time, the protection of the dispatched labors'rights and interests is strengthened. But there still exist problems such as the stipulations are not detailed enough; the distribution of responsibilities is not clear, etc.The first part of the thesis analyzes the particularity of realizing the rights of the dispatched labors in the labor dispatch relation form two aspects, legal status and rights protection. The employment forms of labor dispatch mainly come down to three parties: the dispatch unit, employment unit and the dispatched labor. There comes up one labor legal relationship and two civil legal relationships which make a new type labor legal relationship. In China, there is statement of simple or double labor contract relationship. The simple labor relationship means there only exists one labor relationship among the dispatch unit, employment unit and the dispatched labor, that is the labor relationship between employment unit and dispatched labor. The scholars supporting the double labor relationship point out that the labor relationship between the dispatch unit and the labor is only a form, but the dispatched labor is limited by the employment unit's rules and regulations and works under the unit's distribution, so the two parties have substantial labor relationship. The author is more intend to the statement of double labor relationship. Taking the"Labor Contract Law"as background, the second part of the thesis mainly analyzes the present condition of rights'realization of the dispatched labors from the three aspects: right of association; right of employment security and right of get payment. First, it is the right that the law gives the dispatched labors for them to join and set up labor union according to the law. The properties of contactual non-gonvermental, non-economic and other features of rights of association coupling with complicated labor relationships make it more difficult and complicated for the dispatched labor to join in the labor union. Secondly, China has the right to protection of occupational safety despite the development of relevant laws and regulations, but the method of article as fragmented, not systematic, and the lack of effective supervision of implementation imperfections, coupled with the negligence of employment and temporary work unit , so that accidents are frequently the main reason.Thirdly, the right to get payment mainly lies in the different payment for same post, different social insurance payment and different non-economic compensation in employment unit. The"Labor Contract Law"makes specific stipulation for the dispatched labor's rights to get payment, which effectively improved the quality of protection for the dispatched labors'rights and interests.The end of the thesis compares the related legislation of the developed countries and makes suggestions to our country's labor dispatch. Our country could use the laws of Japan, US and other developed countries'as reference to further improve the protection of the dispatched labors'rights and interests. Firstly, normalize the market order of labor dispatch. First of all, normalize the labor dispatch agencies, make the labor market access strict, and crystallize the market position. Secondly, make proper choice for the industries that are suitable for labor dispatch in accordance with our national conditions. Thirdly, make time limit to labor dispatch. Labor dispatch is to satisfy the temporary posts'requirement for labors, but to protect the in-service employees'rights and interests of original employment unit, as well as to enhance the sense of belonging and security, it is necessary to make time limit for the labor dispatch. Fourthly, specify the duty division of the dispatch units and the employment units. On one hand, specify the joint liability of dispatch units and employment units, on the other hand, It should also be sent under the log-based and employment-based dispatch of different ways and make a distinction between the different responsibilities.Fifthly, consummate the labor supervision system. Strengthen the supervision and meanwhile improve the inspection and guidance, establish immediate processing mechanism. Finally, implement censership. Investigate the dispatch agencies'running conditions annually and impose administrative sanctions if there is unlawful act.
Keywords/Search Tags:Dispatched Labor, Rights Protection, The Right of Association, The Right to Occupational Safety, The Right of Return
PDF Full Text Request
Related items