Research On Legal Regulation Of Labor Dispatching

The "Labor Contract Law" effective in2008which have been revised in2013New Year’s coming. The revised version of “Labor Contract Law” has been affectedin July1,2013. In this version, Labor dispatch service as a major part has aroused thecommunity more and more attention. There are lots of modify voice of “LaborContract Law" for a long time, requiring modification of the contents of a lot, but thismodification is only for the dispatch has been modified, the visible emphasis on labordispatch, dispatch can also be found there are many problems., Dispatch refers to thelabor units proposed employment requirements to labor dispatching units, then labordispatching units dispatched employees to labor units.This article in accordance with the logic of "theoretical analysis�'realisticanalysis�'Strategy analysis”, The First part is a theoretical analysis of dispatch.Dispatch from the origin, there is cause and dispatch classification of the sort;Secondly, based on the theoretical analysis of the reality of dispatch were analyzed.Realistic analysis includes historical analysis of domestic and foreign labor dispatchsystem, as well as analysis of the reality of labor dispatch. From domestic to foreigncountries, then the reality of our main line dispatch from the doctrine of the legislativestatus quo, to the practice of defining a comprehensive study; Finally, the existingdispatch systems were countermeasures. Dispatch from the status quo, analyzes thecurrent study some problems exist in the dispatch system, and then to address theseissues the corresponding solution proposals put forward and trying to build withChinese characteristics dispatch legal mechanisms. The paper is organized as follows:Introduction: In the introduction the author describes the development of manyproblems behind the prosperity of dispatch and dispatch services exist as a specialform of employment importance. Reveals the new situation in the context of socialand economic development, research dispatch significance of legal regulation, thepurpose of writing papers, research ideas and writing about the framework and describes the use of paper to research methods.Part1: The dispatch of the basic theory is introduced and combing existingclassification of causes of dispatch and dispatch are analyzed, good theoreticalpreparation for future study.Part2: The author sent the course of development in accordance with the UnitedStates, Germany, France, Japan and other foreign labor, trying to find inspiration forthe development of China’s dispatch system. And development of the labor dispatchsystem is outlined.Part3: From a realistic analysis of the level of the current dispatch legalregulation of the status quo. The author analyzed the dispatch of the labor party,sending side, the relationship between labor parties, focusing on a list of the currentdispatch tripartite relationship between the two doctrines and analyzed.Part4: a realistic analysis of the status quo from the dispatch system level ofservice. According to China’s current legal system outlined appear dispatch line legalcharacteristics, further dispatch of practice by defining a realistic analysis of dispatchand related concepts.Part5: Dispatch systems indicated the problems countermeasures, and improveour dispatch system initially proposed the idea.Nearly20years of China’s labor dispatch from production to developmentthrough a process of rapid development, although in recent years, many lawmakersgave dispatch attention, but still relevant norms dispatch very simple, relevanttheoretical research also lags behind. In this paper, the status quo in terms of theoryand dispatch our dispatch system to explore the dispatch of legal regulation, toprovide valuable theoretical basis for the healthy development of the dispatch systemand actionable recommendations.