China's Labor Service Sent To The Legislative Research

Labor dispatch as a special kind of labor way referring to the labor-sending agencies have established employment relationship with the personnel and assigned to labor units, labor units to enjoy the use of personnel. Its most prominent feature is the three parties involved in its legal relations. For decades, the development of labor dispatch China is booming gradually, but until 2008, it had been facing lacking of unified legal norms. Promulgated in 1 January, 2008 , the "Labor Contract Law," is the first time made special provisions for labor dispatch. In this paper, through analysis of the regulations on labor dispatch of the law, divided into three chapters on China's labor dispatch on the question of legislation, that is, the general theory of labor dispatch , the status quo of China's labor dispatch legislation and suggestions on legislation.The first chapter details the basic theory of labor dispatch,The basic theory dispatch are outlined in section I. Includes the labor dispatch's concept,features; then distinct it from and other similar deception; The third,it also analyze the status quo and prospect of labor dispatch in our country. In sectionâ…¡,it write two main theories of labor dispatch legal relations, one is single relation theory and the other is double relation theory, the writer follow the latter.Chapterâ…¡regarding the labor dispatch legislative status of our country. First, it briefly explained relevant laws and regulations before "Labor Contract Law" issued; then is the focus of this chapter: the analysis of the regulations about labor dispatch in "Labor Contract Law" . First introduced and analyze the regulations, and then indicate its problems. such as employer's liability, dispute processing way, the scope and duration of dispatch units is still need improvement.Chapter III raised five parts to send my proposals for the improvement of labor dispatch legislation of our country. It indicate that the scope of dispatch units and the period of dispatch need to be definited; the registration of labor dispatch should be changed; the responsibility of employers should be cleared, that is, the employers should be stand responsibility according to the dispute scope and the state of fault liability.