A Study On The Legal Problems Of Labor Dispatching

The paper is entitled "Probe into the legal problems of Labor Dispatching." The topic was selected since the dispatching problems were founded during my Human Resources purchasing after the engagement with many dispatching units over years. There are gray areas where legal not covered and potential problems existing.The state encourage dispatching to absorb national-enterprises’ laid-off workers and rural surplus labor, by providing them with employment channels and opportunities. Facts have proved that dispatching is an employment mode to well support market economy, provide enterprises sufficient labor resources while the costs is low, improve the enterprise competitiveness on market. Dispatching was welcomed by all types enterprises who even transfer their employees to dispatching mode, the proportion of dispatching staff have increased considerably.However, since the hysteresis of law, no regulation on dispatching in place over years. The right and interests of dispatching staff was hurt badly, the right to healthy, leisure, equal-work-equal-pay and other legitimate rights cannot to be guaranteed. With the selected topic, I hope to make recommendations on dispatching development and improving the relevant laws and regulations.The paper is divided into four chapters. The chapter one, from a historical perspective, to introduce dispatching development course in United States and Japan. Analyze the reason in China about the dispatching arose from 1980s’.The chapter two focus on the dispatching development situation of past three decades in China, and its three-parties character. The regulatory function from labor contract law. Before running dispatching business, specific requirement on dispatching unit registered capital was brought forward. And through the implementation of the administrative access system to strengthen dispatching in the regulatory framework. In addition, it has made clear to dispatching and joint-employer units that they should bear the responsibility of employer. This chapter also uses some length analyze the associations and variations among dispatching legal relation, labour-law relation and labour-service relations, so as to understand dispatching better.The chapter three analyzed current dispatching legal issues. The major problems cover dispatching staffs’ rights and interests protection during labor contract signature, carry out and dissolution. To reduce labor costs, enterprises infringe dispatching staffs’ rights on equal-work-equal-pay, leisure and vacation right. For long-distance dispatching staffs, pay social security with lower standard reference, it hurt dispatching staffs’ right on social security. When enterprises disbanded, there are no trade unions to help safeguard dispatching staffs’ rights. For the compensation, they are not able to effectively communicate with management team of enterprises, while their own interests are difficult to maintain. When entering a liquidation proceess, employees of joint-employer acquire the right to get compensation in preference to dispatching staff, this is also a great against dispatching staff interests. In Year 2013, "Dispatching Interim Regulations" published, the state restrict the volume of dispatching staff, whose share no more than 10% of total labor quantity of joint-employer and the target has to be complied within 2 years. To reach the target, some joint-employer made dispatching up as outsourcing, try to avoid their responsibility to dispatching staffs and reach the targets. This is a real problem for regulators and increased the difficulties.The chapter four in response to above existing problems and put forward own proposals. The root cause of the problem is the three parties came together to form the dispatching legal relations, but labour-law relation exist in dispatching units and dispatching staffs only. To do this, dispatching staff do not have a strong legal guarantee with joint-employer. In order to resolve the issue, it recommended that the joint-employer participate into the labor contract signature. In terms of monitoring, besides administrative examination and approval system, should also strengthen surveillance. Network could be used to publish information, dispatching staffs logon the network to provide effective feedback information, so as to extend the monitoring to dispatching staffs as much as possible, to collect the real information. Enhance the monitoring efforts and accurate results. Also the role of trade unions should be brought into play and to develop the industry wage base, leisure, vacation standards and design collective agreement for industry. Publish industry labor standard for dispatching regularly and support dispatching staffs’ treatment reference during the dispatching service contract engagement.In the role of procurement buyer, I participanted the dispatching service contract negotiation for years. The understanding of the issues and the views expressed in the topic may limited in senarioes. Please correction.