Legal Issues Research Of Employment Units In The Dispatch

With the entry into force of the "Labor Contract Law", January1,2008, the dispatch of this new special employment, become the law of apiece of paper makes it clear from people's different opinions."LaborContract Law" for the first time in the special sections already there are alot but no law to be regulated labor dispatch phenomenon determined bythe form of law,so that many units and individuals using the dispatch of theway of this labor law guidelines. It can be said that the affirmation andconfirmation given by the laws of this special type of employment, to acertain extent, the main parties engaged in the dispatch industry, there arebenefits, but also to make up the legal vacancy for dispatch services inChina's labor market. However, due to China's law is not perfect, onlysome of the provisions is not profound and comprehensive, coupled withsome of the laws and regulations promulgated by the local government inChina varies greatly, there are still many problems in the labor dispatchingindustry. In recent years, many companies, including some well-known banks, telecommunications companies, large and medium-sizedstate-owned enterprises are a large number of this labor the way of thedispatch system, along with the dispatch industry's prosperity ondispatching controversial cases have emerged, the "Labor Contract Law"implementation of the three years, the dispatch dispute disputes blowout, toallow the dispatch once again become a hot topic among people's vision.Labor dispatch company to operate a variety of business, a variety ofindustries, unknown powers and responsibilities with employment units,resulting in the workers' legitimate rights and interests have been violated,such phenomena also exist."Labor Contract Law" subject to furthercomprehensive.This article is divided into a total of four sections, including thedispatch of the basic overview of issues, foreign labor camp left theassessment of laws and regulations, the analysis of specific problems inChina's labor dispatch by labor units, as well as to improve China's labordispatch the relevant recommendations of the laws and regulations andcountermeasures.The first chapter-The basic problem of the labor dispatch. Thissection should include: definition and characteristics of the dispatch of theintroduction and discussion, in order to send the legal system for the studyof labor norms and lay the foundation for development.Chapter II-labor units in the dispatch of legal problems. This section should include: protection of labor rights through from the point of viewand perspective of China's unit labor laws on the employment of existingunits in some specific circumstances the absence of applicable law, leadingto labor dispute occurs, the rights of workers can not be truly protected,and unit labor units and the dispatch unclear division of responsibilitieswith each other, resulting in buck-passing situation.Chapter III-for the employment units in the dispatch problems, makesuggestions and strategies related to improving. This section should include:the legal system of labor dispatch refine the proposed legislation and othermeasures of improvement, in order to protect the labor dispatch morehealthy and orderly development and achieve labor units and dispatchedworkers of the two sides of the main interests of the win-win effect.