The Dispatch Legal System

The labor dispatch is a work form which "the dispatch organization" works out the dispatch contract with the labors after obtaining labors' agreement, then "the dispatch organization" sends the labors to "the use". The top characteristic of the labor dispatch is the separation of "employment" and "use". Leading in flexibility and low-cost, the labor dispatch adapts to the different levels of the labor market and many industries, and has been increasingly used by employers. However, it must be recognized that the direction of the employment relationship by the two constituents brought about by the transformation of the complexity of labor relations, easily against the legitimate rights and interests of workers.Before reform and opening up, there is a certain quantity of the labor dispatch in the Mainland. But it only sends labor abroad to external services companies. After the reform and opening up, the forms of labor diversifies, the number of the workers increases, and expands. So the labor dispatch becomes a new type of employment form. In the fast development of the disorder circumstances, previous labor and social security laws and regulations clearly can not protect the interests of dispatched workers. Until 2007 "Labor Contract Law" for the first time in labor law made the dispatch of the provisions of sections. To a certain extent, it can send the labor dispatch to healthy development. At the same time, it prevents employers form avoiding labor and social security laws and regulations, and safeguards the legitimate rights and interests of workers. Although the provisions on labor have made great progress, the provisions of the Act are still inadequate and rigid. Therefore, researching and anglicizing on the labor dispatch system can improve our labor contract law provisions in this regard has great theoretical and practical significance.Intending to improve the labor dispatch system of our country, this article carries out a systematic study on the labor dispatch. The full text is divided into five parts, including the fundamental theories of the labor dispatch, the comparison of the foreign labor-dispatch system, perfecting Chinese labor dispatch legal system.The first part introduces the fundamental theory regarding the labor dispatch. It includes the connotation and characteristics of the labor dispatch, the special legal relation, the inevitability and the necessity of regulation on the labor dispatch. Through its analysis on the special legal relation, China should adopt the "quasi-double labor relationship" in order to better protect the rights and interests of workers.The second part, entitled by comparison of the foreign labor- dispatch legal system, introduces several developed market economy countries' labor-dispatch legal system, which we can benefit from. In these counties—America, EU countries such as Germany and France ,and Japan there are sound labor- dispatch legal system. But because their patterns of market economy are different, they each have their priority when setting the policies and measures of labor- dispatch legal system. In order to facilitate the introduction, the article groups specific provisions into two parts: One is systems reflecting the principle of protection of workers rights, including regulation on dispatch organization, liability of employers, the protection of the rights of workers. The other is systems reflecting protection of the employment order, including regulation on the profile of the labor dispatch, and regulation on the duration of the labor dispatch. Since the dispatch organization will have a direct impact on the wages of workers and other fundamental rights, all countries make dispatch organization on the establishment of a stringent regulatory requirements. The United States has asked the dispatch organization to set up a licensing and registration, and some are still sent to the capital provided. Germany, Japan also provides for a licensing system to the dispatch organization, France has also requested to the dispatch organization only to paid labor as the only means for business. The dispatch organization on the establishment of a strict requirements is very important, but the distribution of the employer responsibility is to protect the rights and interests of laborers to send key. The United States has adopted the principle of a common employer, that send workers are directly employed, the employer required to bear the responsibility, and to send units are used directly laborers, according to the "peacetime to send the bodies to send workers to exercise the degree of supervision and management" bear the responsibility of employers, then sending agencies and to send units are common employers. Japan, Germany adopted the principle of a single employer. States also sent to the industry-wide labor has set some limits in order to prevent the abuse of labor dispatch. In Japan such as the maritime industry, manufacturing, construction and other industries should not use the labor dispatch. In addition, since the labor dispatch provides more temporary jobs, so it should regulate the duration of the dispatch contract. In Japan and Germany, the duration of the dispatch contract normally should be one year. As Chinese economic development situation and the oversupply of labor, we should be combined with the reality of our country from foreign experiences.The third part discusses the perfecting Chinese labor dispatch legal system. Through the dispatch of the status of labor in China and problems in the labor system and our regulation to send the legislation on the status quo and analysis, improve our services to the labor dispatch system. First, labor dispatch is renamed as worker dispatch; secondly, administrative licensing and imprest system for dispatch organizations is established; third, the scope of application of dispatch services is clearly speculated and broadened; finally, the distinction should be made between responsibility of employers. It's not necessary for dispatch agencies and labor-receiving units to be jointly and severally liable. The two are jointly and severally liable only in the three circumstances, that is, responsibility of industrial injury insurance, the minimum wage and equal pay for equal work ,and the damage of the interests of workers for labor-receiving units in breach of the provision of safety and health conditions for production.The forth part is the conclusion.