A Study On The Legal Problems Of Labor Dispatching

Under the background of rapid development of world economic and globalization, labor field appeared a new type of labor relation. As the new labor relation,labor dispatch is unlike the traditional labor relations, which has its own characteristics. Its surface feature involve in three principle parts including worker dispatch service provider, accepting entity and dispatched worker. Labor dispatch change the “one-to-one”in the typical employment relationship and establish a relationship contained employers and employees. This way of employment cause great confusion to the legislative and judicial. Until 2007, the labor contract law realized the legal regulation.However,our legal dispatch system has some ambiguities.The thesis start with the history of labor dispatch in China and other countries and the current practices, then put forward three legal issues of labor dispatch,that is the legal relation of the three parties in labor dispatch,problems of employers assume responsibility of labor dispatch and returned legal system.Firstly,as for the legal relation of the three parties in labor dispatch, there are two ideas in academic,that is, the one-dimension labor relation theory and dual labor relations theory,there is instructions transfer theory and double run theory in one-dimension labor relation theory. The article combine the current practices in China with other countries of tripartite relations in labor dispatch.The article think that staffing firms and workers establish labor relation,the accepting firms and workers establish factual work relation.Secondly, the article study the problems of assume responsibility of labor dispatch,there are single employer liability configuration model and the common employer responsibility model around the world,the author think that the pattern of our country does not belong to them. In the legislation should be refined the responsibility of them,and we should clear distribution rule between them,in practice we should give them administrative supervision.Finally,as concerns the returned legal system,there are three main kinds of dispute ideas about the returned legal system in the academic circle.Combined withthe advantages of dispatch system,this article hold that the return of the accepting company can use convention.In order to perfect the returned system in our country,the article think that we should allow the employers can fix contract with the accepting company.If there is illegal responsibility question.We should clear the responsibility. We should stipulate legal process of the returned system.