A Study On The Legal Problems In Labor Dispatch In China

Labor dispatching can also be called "Labor force dispatching","work dispatching","talent leasing" and "talent dispatching". It is a special employment relationship where labor dispatching unit signs labor dispatching agreement with labor employing unit, employs and dispatches workers to labor employing unit. The workers dispatched are under direction and supervision of, as well as work for the labor employing unit, which pays dispatching fees to labor dispatching unit based on labor dispatching agreement. And then labor dispatching unit pays remunerations to the workers dispatched.Labor dispatching is the "non-standard" labor deployment form against the background of increasingly competitive market and multiple labor employment. Thanks to the new employment mode, labor employing unit can realize flexible employment and save labor cost. Labor dispatching unit can win profit. As for workers, labor dispatching can not only provide non-competitive workers with orderly employment channels, but also meet the specific requirements of highly competitive talents.Labor dispatching is characterized by the separation of "usage" and "employment" of labor force, and is thought highly of by many labor employing units because of its flexibility. Labor dispatching has achieved rapid growth in our country across all walks of life. However, as there are no effective rules and methods, this form has developed out of normal route and has been misused by many enterprises to damage the interests of workers and prohibited the establishment of harmonious and stable labor relationship. Many foreign countries have regulated the new labor relationship by stipulating specific laws and have achieved good result. Yet there’s no effective law and coordinating mechanism in place in our country. It is only mentioned in the Labor Contract Law. Based on the Labor Contract Law enacted from1st January2008, labor dispatching is restricted only to be supplementary to standard labor relationship. Due to imperfection in current legislation, labor dispatching has been extensively used in temporary, supportive and replacement positions, even to almost all positions, which is against the will of legislation. Labor dispatching has been used not only by small and medium sized enterprises, but often by large enterprises and utility units as well. Some companies increase the amount of labor dispatching to avoid "equal pay for equal work" and open-ended labor contract. Labor dispatching system has been reduced to be the tool by labor employing units to avoid responsibilities and reduce burden, and thus has severely done harm to the legitimate rights of workers.This article has referred to overseas legislative systems based on regulations in the Labor Contract Law, in the principle of protecting the interests of worker better during labor dispatching. This article is categorized in four parts. Part Ⅰ is the general theory of labor dispatching, which covers the concept and characteristics of labor dispatching, definition of labor dispatching in law, and the current legislation on labor dispatching. Part Ⅱ analyses the status quo and problems of labor dispatching in our country. Part Ⅲ states the overseas legislation on labor dispatching, with comparison and reference to that in the United States, Japan, Germany and the Netherlands. Part IV puts forward the suggestions on improving labor dispatching in our country.