A Study On The Protection Of Laborers' Rights And Interests In Labor Dispatch

In today’s society labor dispatch abnormally flourish and develop, labor dispatch hasthe advantages of promoting employment, controlling enterprise employment risk,decreasing the cost of human resources management and so on.At the same time, it alsohas the defects that labor relationship is not stable, welfare treatment is low. As one ofthe labor dispatching tripartite main body, the dispatched workers in a relatively weakposition, they often cannot achieve the aim that obtain the equal pay with the employeeswho are employed by the employing unit, even the basic safety and health, rest and theright to leave is not guaranteed during the labor assignment. Against this background，thenew "Labor Contract Law" specifically for dispatch came into being，triggered publicconcern. However, the implementation of the new law is bound to appear a variety ofproblems such as implement issues，how to solve these problems relates to the rights andinterests of laborers in labor dispatching to get effective protection and adequate relief.Therefore, the research regarding to the reform process of the problem andcountermeasure appears necessary particularly. The paper consists of four chapters：Chapter I：Dispatch and the rights and interests of dispatched workers. This chapterdefines the meaning of the dispatch firstly, summarizes dispatch’s legal characteristics onthe basis of distinguishing the dispatch with other concepts. Secondly, the rights andinterests of the dispatched laborers as the workers and as the dispatched are analyzedrespectively.Chapter II：The damage situation of dispatched laborers’ rights and interests andrelevant legislative regulations. Mainly elaborated the present damaged situation of themain rights and interests of the dispatched workers、the new "Labor Contract Law"relevant legislative regulations on the protection of the rights and interests of thedispatched workers and the implementation problems.Chapter III: Foreign labor dispatching system experiences and the enlightenment toour country. Based on the analysis of foreign labor dispatching system in the scope ofapplication, the employers’ responsibility allocation and dispatch organizations’ set up, obtain the lessons that our country can draw in this aspect.Chapter IV：The suggestions in perfecting the protection of the rights and interestsof laborers in labor dispatch. The paper advise that from the change of concept level, therefinement of standard level, the improvement of the relief level and the strengthening ofthe supervision level a total of four aspects to improve the protection of the rights andinterests of the dispatched workers.