On The Legal Regulation Of Labor Dispatch In China

The labor dispatch is a work form, in which "the dispatch organization" works out the dispatch contract with the labors after obtaining labor's agreement, then "the dispatch organization" sends the labors to "the use". Because of the economic development, the labor dispatch is adopted by many countries, which is becoming a vibrant and irreversible trend in the world.The top characteristic of the labor dispatch is the separation of the "employment" and the "use". "The dispatch organizations" employ the labors but without using them. And "the use" does not employ labors. So they are different from the traditional labor relation. In comparision with the foreign countries, the dispatch labor is developing rapidly in China. The main characteristics of the labor dispatch are diversification and multi-levels. It plays an important role in low-cost and flexible wok, at the same time the labors are lack of security and the sense of belonging, which will do harm to the enterprises in the long term. As a result, long-term and stable employment pattern should be the mainstream, on the contrary the labor dispatch should be a supplementary employment pattern. Lots of employers use labor dispatch as an efficient way of evading the obligation of entering into a fixed-term employment contract with the workers. So we advocate the direct-employment primarily and the labor dispatch supplementary.Labor dispatch consists of hire type labor dispatch and login type labor dispatch. They are different in connotations and features.There are advantages and disadvantages in flexible labor and accepting responsibility. According to our own national conditions and the features of the labor dispatch, it is reasonable to adopt the login labor dispatch for high-end talent type and the hire labor dispatch for low-end talent type. We often come across the problem of regulations on application scopes and deadline. What kind of attitude we should adopt? The labor contract law limits dispatch labor to temporary, auxiliary or substitute job positions, but there are no definitions of them. With the financial crisis came before the promulgation of the Enforcement Regulation of ECLC, the State Council then abandoned the definition. It is different from foreign countries in labor environments. Flexible employment is the mainstream in China, we should give priority to long-term and stable model. We should restrict the scope of labor dispatch. It's suggested that definite, specific and operable regulations should be stipulated regarding employment positions and employment's types, etc, while regulations on inhibitive industries and positions. It's better to regulate that the period of labor dispatch is one year.We should improve the quality of the dispatch organizations and regulate their order to enhance the responsibility for dispatched labors. Regarding the distributions of employer's responsibilities, the dispatching organization and the receptive organization should bear joint liability for dispatched labors.Above all, we draw a conclusion that we had better restrict the labor dispatch from above aspects. Learning from the experiences of legislations in foreign countries we can solve our legislation problems in labor dispatch efficiently.