Try To Talk About Labor Dispatch Foreign Legislation And The Enlightenment To Our Country

The term "labour dispatch" refers to the practice of hiring employees through an employment service agency, as opposed to direct employment. In practice, many companies have used labour dispatch as their main or only method of hiring employees based on the belief that hiring through dispatch agencies could mitigate or avoid employer liability. Against this background, the Employment Contract Law, which came into effect on January 1st 2008, attempted to address this practice by mandating equal rights for employees hired through labour dispatch and "generally" restricting the use of labour dispatch only for "temporary, auxiliary and substitute" jobs. However, employment service agencies have seized on the term of "generally" in the law and the vagueness of "temporary, auxiliary and substitute" to argue that there is no real restriction on the use of labour dispatch; as a result, the use of labour dispatch by companies increased rather than decreased. This is contrary to the legislative intent of the law. In recent years, Chinese labor law scholars have paid increasing attention to the "boom" phenomenon of the labour dispatch, there have been many papers on aspects of the dispatch, the results quite a lot, which to a certain extent, affected the Labor Contract Law. However, the "Labor Contract Law" and its implementing regulations for the dispatch of the regulation, in reality seem too feeble and difficult to operate. Appeals for a single and independent regulatory system of dispatching are on the rise.On the basis of these researches, I hope that through the comparison and commentary on foreign dispatch legislation, to explore the legal nature of the dispatch and legal regulation, to promote the development of the theory and legislation, and to promote the dispatch onto a standardized, institutionalized and healthy track.The whole five chapters have been divided into three parts, engaged in the study of dispatch & related legal system’s developments.PartⅠ:ChapterⅠ. Concepts and theories of dispatch. This chapter explains the generation and development process of the dispatch both at home and abroad, analyses the background and causes of the dispatch’s emergence, and discusses its concepts and characteristics.PartⅡ:ChapterⅡ-ChapterⅣ. This is a comparative comment on some of the major foreign dispatch legislation. This part, which is focused on four countries-Germany, France, Japan selected from the Civil Law countries, and the United States from the Common Law countries, is specialized in the study of dispatch from countries characterized by different legal traditions, the forming process of dispatch laws within their existing labor law system, and the method of balancing the relationship between "employment promotion" and "employment stabilization" via regulating dispatch practice.Part III:Chapter V. Defects of our dispatch regulation and proposals. This part analyzes the defects of "Labor Contract Law" as well as its implementing regulations. Considering Chinese labor practices and research, the following suggestions are put up:(1) defining the dispatch and distribute responsibilities between the dispatch party and the receive party; (2) achieving "equal pay" for dispatched employees in contrast with directly hired employees; and (3) getting dispatched employees involved in the company’s democratic management process.