A Study On The Legal Problems Of Labor Dispatching

In recent years,with the development of economy in our country, the demand of the labor force is increasing.In order to save labor costs, the accepting entities choose to use labor dispatch, making the number of dispatch workers rising.However, because of poor supervision,labor dispatching system being abused,the scope of labor dispatching is not clear and the problem of same work with different pay block the construction of harmonious labor relations of our country.In 2012,our country revised the labor dispatch related content of Labor Contract Law of the People’s Republic of China(referred to as labor contract law),including improving labor dispatching business qualification, clearing the system of equal pay for equal work and the scope of labor dispatch.In 2013,our country enacted Provisional Rules of Labor Dispatch(referred to as interim provisions) details the relevant provisions.It clears the range of labor dispatch and declares that labor dispatching labor ratio should not exceed ten percent of the total labor of accepting unit.Two years after implementation of the interim provisions, enterprise have used labor outsourcing as leverage to cover the number of labor dispatch.Although enterprise has reached the requirement of lower labor dispatch rates,the regulation of labor dispatch has not worked.Enterprise abuse the labor dispatch,So we need research issues to find an effective way for the development of labor dispatch.Based on the current situation,this paper rebuilds labor dispatch legal relationship and analysis of legal problems of the labor dispatching,putting forward reasonable Suggestions.In this paper,the first part is the introduction which clarifies this paper selected topic background and research questions including labor dispatch range,same work with different pay and supervision.To introduce current situation of the development of labor dispatching,analysis of characteristics of dispatching and legal relationship.The third part is analyzing the specific problems existing in the labor dispatching in China.It includes setting rigid labor ratio,state-owned enterprises dual employment system and labor dispatching supervision.The fourth part put forward for the perfection of labor dispatching.The paper detail scope of labor dispatch,reform of the state-owned enterprise recruitment system and strengthen the supervision.