Study On Labor Dispatching Legal System

In the current economic situation, Chinese government is facing the great employment pressure. WenJiabao, the prime minister ever emphasized:"Implement more positive employment policy, and leave nostone unturned to promote employment". In the employment background, as a new way of employment,labor dispatching largely remits the social employment pressure. Therefore, this thesis has the veryimportant research significance.In the late1940s and early50s, modern labor dispatching industry emerged. In the1990s, labordispatching developed rapidly, and became to an important supplementary of the traditional labor form. Bythe late1990s, China's state-owned enterprises dismissed a large of workers. In order to solve the problemof the rural migrant workers employment and laid-off workers placement, labor dispatching system beganto development in China. Although labor dispatching started late, but it grew fast to get a large scale, andgradually became an important form of labor. To protect the workers' legal rights and interests, the "Laborcontract law" provides related legal system about the labor dispatching. But it still has a lot of problemsexisting in China's labor dispatching system in, which is unable to avoid. If these problems cannot besolved, then the workers' lawful rights and interests would be crippled. The industry also cannot healthyand orderly develop and may even affect the whole development of social economy.Based on the survey for many views, this paper mainly by the method of comparison thinks that theproblems existing in our country labor dispatching system are: abusing labor dispatching; Hard to realizethe equal pay for equal work; Staffing firms' management is not standard. There are variety causes of theproblems, which can be analyzed respectively. There are there reasons of Labor dispatching abusing: statelaws and regulations are not perfect; enterprise avoids law regulations on the consider of the cost, and thedifferent local social security standards in different city. The main reasons hard to realize the equal pay forequal work are following four points: laws and regulations on the labor dispatching of equal pay for equalwork are insufficient; Imbalance labor market structure; The accepting units and staffing firms pursue themaximization benefit and the lack of a strong administrative and judicial protection. The mainly fourcourses why staffing firms management is not standard respectively is the threshold of setting staffing firms is too low, no limit of staffing firms business scope, lack of restriction effective to staffing firm and staffingfirms and associated with administrative department. For these courses, the author thinks it can beoptimized from the following aspect: First, from posts, term, and industry type to expressly limit labordispatching applicable range. Second, perfect the legal system of equal pay for equal work. The legislationmust be specified in equal pay for equal work scope and the ownership of the burden, and define the dutyand responsibility of staffing firms with the accepting units. Meanwhile the administrative departmentsneed to strength law enforcement. Changing enterprise managers' management ideas and improving thecomprehensive quality of the employees placed are also necessary; Third. Perfect the management ofstaffing firms. The establishment of staffing firm needs to be licensed by strengthening the qualificationreview. Set up "risk petty cash" system, and strengthen the internal management of staffing firm. Inaddition, the administrative departments are prohibited to establish staffing firms.