On The Improvement Of The Labor Dispatching Legal Systerm

Dispatch once again becomes one of the hot topics during the Two Meeting of china in 2011. News conference of the trade union system and press conference of the human resources and social security system all talk to the dispatch. Guo Wencai—Chinese Minister of Trade Unions building of grassroots organizations, pointed out that the issue of abuse dispatch workers must be resolved in time. A "domestic labor of dispatch report" submitted by the National Federation of Trade Unions shows that, "Domestic dispatch workers are up to 27 million in 2009 and in the end of 2010, China dispatched workers has reached 60 million. In accordance with the total number of domestic workers about to 300 million, the number of the dispatched workers is 20% of the total number of workers. "The data shows that since the" Labor Contract Law "has been introduced, to a certain extent, relieving the labor dispatch dispute. However, the phenomenon is still dispatching expansion, there is no effective regulation and it does not meet the "Labor Contract Law" legislative intent. It can be seen that China's legal system on the dispatch defective, pending further study and perfect.Dispatch, also known as labor dispatch, is the dispatch unit and dispatched workers to sign labor contracts with the labor unit signed an agreement. The dispatch unit will assign the workers who have signed the contract to the workplace of the labor units and the workers the accept employment, management and supervision of the labor unit. That is the labor dispatch which is a special form of employment. This new form of dispatching has great flexibility, decrease the frictional unemployment in the promotion of employment, adjustment the dislocation of the labor supply and demand. The dispatch with the "employment" and "use" phase separation property and the characteristics of flexible labor makes labor dispatch unit and unit labor unit fuzzy.So there is the responsibility which may be escaped by the employer unit. Before the "Labor Contract Law" was implementing, dispatching had been in a state of self-regulation with the free development of market economy. Thus breeding a variety of social problems caused was concerned by the legislators. In 2007 "Labor Contract Law" was introduced, a special section which is to regulate the labor dispatch to curb inflation development of the dispatch, protect the legitimate rights and interests of workers, protect socio-economic order, stability and development.In this paper, by analysising the comparativeness of the phenomenon of domestic and international regulation of the legislative status of labor, the dispatch stage of China's labor law system problems is summed up. On the one hand the experience of national legislation is drawed; on the other hand, China's current labor market supply is taken into account and a few for the purpose of improving our dispatch system response is proposed in order to safeguard the interests of workers dispatched. The innovation of the article was from labor rights, social market economic order and the dispatch unit and labor unit business interests, to play the advantages of the dispatch, to inhibit the negative impact of the dispatch,to set up restrictions on the establishment of labor dispatching units qualifications, and to increase the improvement of criminal provisions of labor units proposed.This paper consists four parts. The first part is a discussion of the basic theory of dispatch, which elaborate the concept of dispatch services, characteristics, historical development, overview of the legal relationship dispatch, the dispatch of the pros and cons of defined. This is on sound legal system of China's dispatch of a logical starting point. The second part of the article describes the status of national labor legislation, expecially the phenomenon of regulatory dispatch status of legislation in the U.S., Germany, Japan.Through comparison of national legislation related to the status, it comes to that labor standards in China are not mature enough to meet the legal system, the system of regulation is not stringent enough, and in some respects it must be improved. The third part of the article is to present our flawed legal system dispatch study through the comparation between the "Labor Contract Law" and "Labor Contract Law Implementation Regulations" on the dispatch of the legislative situation. The fourth part of the article is to improve our service to send the legal system response. The author obtained Enlightenment by ansysing the national legislative experience on dispatching, and then proposed several improvement of the legal regime on dispatching. The author recommended further restricted market access for qualified labor dispatch; clear specification proposed job dispatching system; recommended for special situations set special responsibility to know; proposed reallocation of labor dispatching units and unit responsibilities; proposed increase in unit labor standards provisions of criminal liability; proposed to strengthen the administrative supervision.