A Study On Dispatched-employees' Labor Relationship In Our Country

PRC Labor Contract Law (draft), written by Ministry of Labor and Social Security of PRC on March 20^th of 2006 comes on June 29^th of 2007.Talent-dispatch was mentioned firstly in the new law, which has greatly changed the disorders of talent-dispatch.Based on this historical time, this paper aims to analyses and compare the characteristics and the changing trait of labor-relationship of the dispatched-employee on both main-body and the connation aspects during the changing period. After sorting existing research literature on talent-dispatch, the author analyses the inevitability and feasibility of talent-dispatch and its engendering and development in China. In addition, the paper writer makes a point on problems existed before the law-making, pointing out that the coming on of PRC Labor Contract Law has greatly solved relevant problems.After reading up law clause regarding talent-dispatch in the New Law, the author puts forward such conclusions: The New Law has resolved problems bearing on the main body of labor-relation in talent-dispatch, declaring there is only one-relationship in talent-dispatch, which is the dispatch enterprize is the sole employer for dispatched-employee. On the other hand, the New Law has solved part problems on the connation aspect of labor-relationship in talent-dispatch, such as, equal-treatment between dispatched-employee and normal employee; the related compensation obligation between dispatch enterprize and the labor user; instable employment problems in dispatched employees'labor-relationship and etc.In addition, regarding the shortcomings in existing PRC Labor Contract Law, together with new problems emerging recently, the author advocates that we should take both the talent-dispatch practice in our country and the experienced modus abroad into consideration, and continue working on perfecting labor-relationship of dispatched employee to make talent-dispatch develop rapidly and smoothly in our country. In conclusion, by comparing characteristics of labor-relationship of dispatched employee before and after lawmaking, together with new points it appears nowadays, the author puts forward: standardization and specialization is the inevitable developing way dispatch enterprize should follow; Canonical developing talent-dispatch will not reduce labor users' labor cost directly, whereas, Its meaning for labor users lies on bring down labor-using risks. Therefore, labor users have to re-weigh advantages and disadvantages that dispatch laboring may bring in; Along with talent dispatch market gradually growing mature in China, talent dispatch will also become a new business choice for advanced employees in our country.