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Study On Legal Problems Of Dispatched Employment

Posted on:2011-04-03Degree:MasterType:Thesis
Country:ChinaCandidate:X Q ChenFull Text:PDF
GTID:2166360308458998Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In recent years, with the variation of economical structures, the thought of cost-saving about enterprises and diversity of work context, many types of employment are not confined with the structure of typical employment. And dispatched employment has been created. As a kind of emerging employment, dispatched employment has gained widespread popularity with many enterprises and has broadened access to employment of labors. Up to now, what are at issue in labor law circles are the explanation of the content and the characteristics of dispatched employment about the tripartite and who are employers and distribution of liability of employers. Dispatched employment is called dispatched labor or employee leasing and so on. The legal relationship of the tripartite two place nature of dispatched employment is complex. Atypical employment is different from typical employment in terms of characteristics of separation of"employ"and"use". And the current labor legislation in our country is insufficient to regulate dispatched employment, and also cannot solve the problems caused by dispatched employment. Therefore, it is significant in theory and practice about studying on legal problem of dispatched employment with the method of comparison and demonstration. A series of problems are discussed in practice about dispatched employment. Then the following are explained:The definition of dispatched employment, the characteristic of dispatched employment, the creation and development of dispatched employment, the difference between dispatched employment and so on. Those legal problems of dispatched employment are more in comparison with traditionally legal labor relationship because of complexity of dispatched employment. Those legal problems of dispatched employment to be seen frequently are differential treatment problems and the right problems of punishment and the distribution problems of employers'liability of dispatched employment and so on. Besides, the thesis analyze the legal relationship of dispatched employment and explain that who are employers of dispatched employment and that the legal liability of dispatched employment. In addition, who is employee and distribution of employers'liability of dispatched employment is discussed. There are more than 40,000 words in the thesis. Due to the explanation of legal problems of dispatched employment, the thesis is divided into five parts with the exception of introduction and conclusion of the thesis. In the first part, its main content is to discuss the basic definition of dispatched employment. The definition of dispatched employment is that the dispatched employee will work in the instruction of the company of using labor force, basing on the agreement between the company of dispatched employment and the company of using labor force, after the contract has been make between the company of dispatched employment and the company of using labor force. In the second part, its main content is what is the legal relationship nature of dispatched employment and analyzes its constitution. The detached organization and dispatched worker schedule the labor contract, the dispatched organization and employing labor unit schedule the dispatch agreement, and dispatched worker and employing labor unit does not have any congruent relationship existence. In the third part, its main content is to discuss employers'liability of dispatched employment. The writer is holding that both the dispatched organization and the company of using labor force are employers of dispatched employment and the distribution liability of employers in terms of the different condition. In the forth part, its main content is to elaborate theory and practice problem of dispatched employment of the different treatment and the scope of dispatched employment. In the fifth part, the writer can give advice on the institution of dispatched employment in terms of the standards of dispatched organization and the wage of payment and some government regulation.
Keywords/Search Tags:Dispatched employment, Legal relationship, Employers'liability
PDF Full Text Request
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