Font Size: a A A

China Labor Dispatch Legal System

Posted on:2009-07-29Degree:MasterType:Thesis
Country:ChinaCandidate:X LuoFull Text:PDF
GTID:2206360248950905Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As a new form of labor using, the connotation of labor dispatch has been defined that dispatch agency sign two contracts, one is a labor contract with a dispatching worker, which contains salary paying,social insurance paying and welfare benefits, one is a civil contract with employing unit, which contains the rights and duties of them. Basis on the second contract, employing unit need to provide basic work conditions for dispatching worker, and exercise an administrative power. Labor dispatch relates to the trilateral main body, which are dispatch agency,employing unit,and dispatching worker. Its notable trait is that labor force employing and usage part for each other. Nowadays, legal relationship among parties couldn't be correctly defined and the legitimate interest of staffs dispatched couldn't be safeguarded effectively arising from the absence of relative legal regulation.The system of dispatch labor force came from America at the beginning of 20 centuries, developed in Europe and Japan. Labor dispatch has been playing an important role in the mode of enterprise's human resources management. In our country labor dispatch though starting later, general situation is prompt development and short of regulation, Originating from the following causes. First, employment pressures have enhanced and concept of employment changed. Second, human resources become market-oriented and the social more and more takes talented people seriously, which provide conditions for talented persons liberty flows. Third, escaping from employers' responsibilities is a main cause that enterprises run after labor dispatch.Generally, there are three principles about the lawful regulation on labor dispatch. The first is protecting rights of workers. The second is maintaining employment stabilizes. And the last is parties' intention autonomy being tied with nation interference.With view to the complexity and peculiarity of labor relations of labor dispatch, it is of great significance in theory and practice to scientifically and accurately define labor relations of labor dispatch. In labor dispatch, there is a labor relation between dispatching workers and dispatch agencies, and also there is a labor relation between dispatching workers and employing units. In essence, the two labor relations are the same. Dispatching workers and two employing units form a labor relation together, while dispatch agencies and employing units join in the labor relations as a joint employer.The theory about employers standing separately and joint liability will be the best protection to the dispatching workers. One aspect, the theory can develop advantages of labor dispatch as far as possible, another aspect it will avoid chaos physical labor relation appearing and employers' liability absence.Regarding to regulations, there is an extremely important aspect which legislators should pay more attentions to. That is there may be more difficult for the dispatching workers to preserve their rights, because the dispatch agencies generally haven't fixed assets to bear their workers' rights. Therefore, looking for a better lawful regulation to dispatching workers is a task of top priority.
Keywords/Search Tags:Labor dispatch, Compound labor relations, Theory about employers standing separately and joint liability, Regulations perfect
PDF Full Text Request
Related items