The Dispatch On The Relationship Between Legal Regulation

To send the rise of the labor industry in the 1920s in the United States, the prevalence in the 60's, 70's of Europe and the United States and Japan into the late 70s. 90, with China's market economy, the labor sector have begun to send the rise. However, China did not send the industry faces in the labor force immediately after this law is to regulate, but left to its own development to a certain stage after the first local legislation, the National People's Congress to make laws, only to send this labor The legal status and reunification with the name - the dispatch of labor. In the previous social services edge on the practice of sending the term has been a lot, and all point to the same concept, called the labor dispatch, the dispatch of the labor force, but also referred to as the dispatch of staff, service dispatch, the dispatch of personnel and human resources leasing And so on, learn from foreign experience, while still an employee leasing (Employee Leasing), to send employees (Employee Dispatching), to send staff (Secondment), co-Employment (Co-employment), triangular employment (Triangular Employment), the dispatch of workers, such as name. Labor Contract Law is given the name of unity, this article on the name of the discussions."Labor is not a commodity" is established by the International Labor Organization and the rights of workers in the core principles. From this point of view argument, in the world, and the formation of a number of countries sending labor government monopoly control. Since labor is not a commodity to the labor intermediary for the career profit model agency, of course, should not be allowed to exist, let alone sent to labor for the source of their profits to send the bodies of the labor force. However, the fact is that on the one hand, although the Government of the labor force for-profit organizations to send repeated, on the other hand, is an intermediary in the labor market continued active labor force, as well as the dispatch of the phenomenon of market economy in full blossom. Today, what should be understood as the labor force are not commodities, or should be first established the core principles as "labor is not just goods"?With regard to the labor theory of the controversy over the dispatch of a long dispute over the issue. The development of civil law countries to send a labor theory, put forward a request to allow payment services with altruism and true that the contract said that, while in labor relations for the dispatch of the three, only with labor-sending agencies to send employees to form a labor relations, but Based on actual employers or labor so that the right to request and, based on altruism or the legal structure of the contract obtained by sending staff on the work of the command and supervision of the right to explain the actual employer and not by sending employees to form labor relations under the premise that there has been On the subject to send employees to work in command, and has sent staff to bear on the subject in the labor law by the employing units corresponding to the obligations of theoretical issues. As a member of the law of the United States has not written legislation through the labor law to send the legal relationship between the tripartite structure to make, but case law in order to form the actual employers under certain conditions also affected by the employers who send employees to assume responsibility "Common employer" rule, the settlement of labor-sending agencies and the actual employers should be jointly borne by the camp staff labor law obligations on the theory of the problem. China's Two Legal in the West under the influence, and gradually formed its own dispatch services theory. At present, the academic community to form a major emphasis on labor relations, said a labor relations re-run double that of incomplete and labor relations, said the dual labor relations, said the four theory. A heavy labor relations insist that the traditional labor relations under the legal position, said two-tier operation is the essence of true altruism that the contract with China's practice of sending labor, and labor relations, said the incomplete although a draw on the common rules of the employer, but in essence Because the idea is to send people to labor to complete a labor relations into a special two incomplete labor relations, the two only outdated and fragmented labor relations together constitute a complete labor relations, this view should still belong to a re -Labor relations, said the scope. At present, the dispatch services on the theory remains controversial, mainly for labor relations or a re-double of the trade-off theory of labor relations issues.I believe that a re-labor relations, said to explain the existence of the rights or obligations after the transfer also be made there is no actual transfer of employers agreed that the loophole can not be explained or obligations after the transfer of labor-sending agencies still want to send employees to bear by the labor law obligations Reason, or can not explain the actual employers should shoulder more and more staff were affected by the labor relations unit that services should be sent by the agency's obligations, service dispatch system without the need for the existence of the problem, and explained that the dual labor relations The actual employers and labor organizations should work together to send to the affected employees were to assume the obligations of the Labor Code on the rationality and legitimacy of the issue. Although the United States through case law to form a "joint employer" rules of law for justice from the country certain difficulties, however, whether from the settlement of labor on the practice of sending the tripartite relationship between the legal position, or to address social equity and justice, "co-employers" Rules for China's labor system set up to send have a very real sense.