On The Perfection Of Our Country's System Of Labor Dispatching

At present, labor dispatching in China is still in the initial stage. In the long run, labor dispatching will develop greatly due to oversupply of labor. Labor dispatching will play an increasingly more important role in the promotion of employment. As a new form of employment, it also exposes some problems to solve. There are some irregularities in concerning the management philosophy, but it's more important that there are no national laws and regulations rationality and ambiguity which makes the legislative system can't hit effective protection. The "Labor Contract Law of the People's Republic of China" has made some provisions to send, but there are still some legislative shortcomings which make it difficult to protect the legitimate rights and interests of workers and it also hinders the cause of the healthy development of labor dispatching. Therefore, in purpose of improving the law of labor dispatching in China, this paper analyzes status of our country and the legal regulation of a preliminary, then send some suggestions.This paper is divided into four parts apart from the Abstract and Introduction.The first part is the basic theory of labor dispatching. Discussing the concept, characteristics, and constitutes the legal relationship to illustrate that the labor dispatching relationship exists between the "employment" and "use" of labor and reveal the nature characteristics of labor dispatching, it makes the theoretical foundation for the analysis of labor dispatching. The detached organization and the dispatched workers schedule the labor contract, the detached organization and employing labor unit schedule the dispatch agreement, and dispatched workers and employing labor unit do not have any congruent relationship existence. Finally, elaborating in detail different changes between the legal relationship of dispatched employment and the traditional work relations.The second part is the current situation and characteristics of labor dispatching in China. In recent years, labor dispatching has developed rapidly in China. The dispatched workers have a high proportion in state-owned enterprises and some labor-intensive enterprises. Labor dispatching has wide distribution, personnel range, and high proportion. The dispatched workers can't have equal pay and have low well-beings. Relevant provisions are needed to be drafted. The third part is the legal regulation of labor dispatching and review. Through the analysis of relevant laws and regulations of China, it concluded that the current "Labor Contract Law" has some shortcomings in the establishment of labor-sending agencies, the scope of dispatching, the dispatching content of the agreement, the employer liability system deficiencies, etc. The legal provisions of labor dispatching need to be improved.In the fourth part, there are some suggestions for the system of legislation in labor dispatching. In the light of the lack of regulations, this part brings up some suggestions in the legislative system, the legal regulation of labor units, a reasonable allocation of employer liability.