Labor Sent A Number Of Legal Issues

The labor dispatch is the newly emerging thing in our country. It is an inevitable phenomenon in the process of the adjustment and upgrading of our industrial structure. The social relations arising from the labor dispatch are complex and in the real life, forms of the labor dispatch, which are concerned about by all walks of life, are more and more.This article, mainly by studying the basic theories of the labor dispatch of our country and analyzing its generation, development and inner nature of law and the three parties' legal relations, concludes that the labor dispatch is a temporary and unstable special labor relation. It lacks guidelines and constraints of appropriate laws and regulations in practice and the problems arise from the practical operation. The birth of new <Labor contract Law>, to a certain extent, protects the orderly dispatch of labor, but it's necessary to further regulate the labor dispatch. Through the analysis of the cause of the problems arising from the development of the labor dispatch, with the studies on the legal regulations of the labor dispatch of different countries and regions, from the choice of the labor dispatching legislation pattern, the integration of local legislative resources, the standardization of labor dispatch agencies' qualifications and the regulations of the professional scope of work, the three parties'signing of the contract,in particular, the maintenance of the legitimate rights and interests of laborers', etc, the author puts forward some proposals for further improving the legal regulations of our labor dispatch.This article is divided into three parts. The first part is the research of the basic theories of the labor dispatch. The author first outlines the labor dispatch, including its basic concepts, generation, type, etc. After the analysis of the legal characteristics of the labor dispatch, the author distinguishes the related concepts, such as the labor dispatch and employment agencies, the projects contracts, and the secondment of personnel. Finally, the author describes its inner nature of law and the legal relationship between the dispatching party, the sending and sent parties.The second part analyses the legal system and theories of the labor dispatch of different countries and regions, including those of the United States, the European Union and its member nation Germany, Japan and also analyses the labor dispatch industry and the legislation situation in Taiwan Area of our country.The third part analyses the problems arising from the labor dispatch of our country. From several aspects, such as the restriction of the right of laborer solidarity, the threat of employment security and the phenomenon of unequal wages, the author explains the impacts of the development of our labor dispatch on the formal employment. Through further analysis of the present situation of the legal system of the labor dispatch, the author sends some personal proposals and ideas to improve the legal regulations of the labor dispatch of our country.