Legal Thinking About The Labor Dispatch

Labor-dispatch, as a newly emerging thing born in the market -oriented economy, gets a rapid development in China, while the relevant legislation is not in the same pace with it. Labor-dispatch changes the traditional direct way of employment, at the same time, it throws down the gauntlet to traditional labor law and relations. Similarly to many new-born things, along with the development of Labor-dispatch, more and more problems arising brought about an enormous negative impact, which consequently impede its progressive step. In March, 2006, Labor-dispatch was added to "PRC Labor Contract Law (Draft)", while there are only five rules having a touch upon it, without a clear definition and comprehensive standard about the meanings of labor-dispatch, tripartite legal relationship, responsibility and the settlement way of dispute. Therefore, just when soliciting opinions from the general public about "PRC Labor Contract Law (Draft)", I wrote the article to set forth my proposals on improving the labor-dispatch system, which I hope that could be of benefit to the labor-dispatch legislation.The paper is divided into four main sections.The first part is regarding the social background of labor-dispatch and its regulations in law. In this section, the investigation of the implication of labor-dispatch is put in the first place. Although labor-dispatch is generally recognized as an employment system, which causes the separation between employer and employee: there is no clear definition of labor-dispatch neither in "PRC Labor Contract Law (Draft)" nor local laws and regulations, even different experts would name and describe it in distinct ways. Then, to discuss the social background of labor-dispatch in China, and point out the current situation of labor-dispatch is that the legislation system lagged behind the rapid development.The second part is on the merits and drawbacks of labor-dispatch. Firstly, according to the comparison between labor-dispatch and employment agency, to draw the conclusion that the superiority of labor-dispatch to employment agen cy lies in not only the reducing of employment cost as a bridge between empl oyer and employee, but also in a more concrete and effective level, to ensure the safety and convenience result from the light of flexible employment. Secon dly in view of the problems, such as disorder, infringe upon the rights and int erests of laborers and the pounding at the formation of labor legal relations of labor-dispatch, to explain that among the things accounting for the above-ment ioned problems, the backward legal system is in the particular conspicuous plac e, as a result to constraint the healthy development of labor-dispatch. In short, problems and advantages are compatible in labor-dispatch, which we must face up to and make a thorough investigation and study to provide theoretical assi stance for the healthy development of labor-dispatch.