On The Perfection Of Labor Dispatching Law

In 2008, "Labor contract law" confirmed the legal status of labor dispatching,which will be incorporated into the standardized the scope of labor relations and end the state that the labor dispatch service could not be regulated by law of our country. At the end of 2012, approval of "labor contract law" amendment has played a positive role in promoting the maintenance of laborer’s rights and the healthy development of labor dispatching industry. In 2013, the implementations of the temporary provisions on labor dispatch further refine the concrete regulation. To a great extent, improve the labor dispatch legislation. For lack of technical problems and legislative experience, non-standard of labor dispatching employment system and abuse problem is obvious and serious in a short period of time. All kinds of labor dispatching disputes also began to expose. These factors further arise close attention of dispatching regarded as a social problems. At present, labor dispatch legislation in our country is still not perfect and many issues still failed to reach consensus. Qualitative problems of the unit that use worker, the core of the equal pay for equal work are still not be resolved in the laws and regulations. There is no clear that the specific definition on true dispatching instead of outsourcing will weaken the implementation and effect of regulation. The existence of these problems will directly influence the standardization development of labor dispatching in our country. As for improving the related labor dispatch legislation, on the one hand, it can make up for the loopholes of our country labor legislation related to system design and promote the development and the improvement of the labor dispatch system. On the other hand, labor dispatching rules and regulations will protect the labor rights and interests of the dispatched workers as well as to promote the harmonious and stable labor relations and society.In this paper, the method of induction, comparison analysis and literature research will be comprehensively used to discuss the improvement of the labor dispatching. The first part of introduction mainly concludes that the experts and scholars in labor law field have finish the study on the present situation of the definition and the system of labor dispatch. The second part, we can fully understand the connotation of labor dispatching from the concept and characteristics of labor dispatch.In the meanwhile, we review the history and the process of the development of China’s labor dispatch. In the third part, we are going to analyze the legal nature of the labor dispatching from the angle of one labor relations, dual labor relations. In the meanwhile, we will make comments on various theory to get the point of view and conclusion-- one labor relations containing two employers. In the fourth part, we will refer to the different national labor dispatch legislation in order to learn the suitable legislative regulation and experience that can perfect our country labor dispatch system. In the fifth part, combining the induction of current legislation and conclusion on the improvement of the law, we effectively find out the defects of legislation. In the sixth part, thoughts and suggestions to perfect the labor dispatching will be put forward by restricting the applicable scope of labor dispatching and banning certain industry labor dispatching; making clear that the unit using worker is common employer and reasonably distribute the rights and obligations;Optimizing dispatching industry admittance mechanism and improving the system of whole process supervision; Establishing industry self—management standards and promoting the industry collective negotiation mechanism and so on.These measures taken by the government will contribute to improve the labor dispatch legislation effectively protect the legitimate rights and interests of the dispatched workers, and further promote the healthy and orderly development of labor dispatching industry.