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Of Expatriate Labor Relations Law Regulation

Posted on:2012-04-06Degree:MasterType:Thesis
Country:ChinaCandidate:X NiFull Text:PDF
GTID:2216330341451822Subject:Law
Abstract/Summary:PDF Full Text Request
Dispatch services is the main form of oversea labor services cooperation in China , at present, there are nearly millions dispatched labor scattered over 160 countries and regions around the world, they are engaged in different occupations. However, compared to the traditional labor export superpower, the dispatch services in China is still in the initial stage, but many problems have exposed out gradually, particularly after 2008, since the emergence of the global financial crisis, the foreign employers frequently violated the labor services cooperation contract, disputes between the dispatched labor and enterprises arising, the legitimate rights and interests of dispatched labor are danger edge. One reason for this is that we are lack of complete assignment services output management mechanism and legal norm system are weak, the responsibilities of dispatching enterprise remain unclear, the legal consciousness of dispatched labor are still weak, and the dispatching labor contract content are not rigorous, unreasonable, or even illegal, which cause the dispatched labor's legal rights are not effectively protected, at the same time, it hindered the dispatching industry, and influence the of labor services cooperation with foreign countries. So we need to considering the current situation, both management mechanism and legislative situation, to explore ways out. This paper begin with the background analysis, highlighted the raise of the issue, and ended with resolve the problem. take on theory and practice method. In addition to the introduction and conclusion, is divided into four parts. The first chapter is mainly about the upper concept and similar concepts of the dispatching labor, clarify the research object, as well as the necessity and importance of laws regulate on dispatching service, and the second part is the legal characteristics of dispatching relationship between the three parties. explore the concept of legal relation field services, subject, object and the content of the rights and obligations of the parties, and reveals the unique legal properties and characteristics of dispatching work. The third part mainly introduces legislation of International Labor organization on dispatching labor, as well as the relevant countries and regions'law and regulation. At the same time, explore the unique protection system adopted by those countries and regions. The fourth part is to analysis the shortcoming of dispatching work from a legal angle, try to explore ways to better management mechanism and related legislation.
Keywords/Search Tags:dispatching labor, legal characteristics, reform and improve
PDF Full Text Request
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