Labor Dispatching System Of Legal Research

Labor dispatch, is currently China’s economic structure is strategyical in adjusting a process, the emergence of a new form of employment. Labor dispatch: the basic connotation of labor dispatching unit signed labor contracts with workers, and units of labor dispatch agreement will be signed, workers sent to labor units, by labor dispatch units to pay workers wages, welfare and social insurance costs, labor units responsible for the provision of labor conditions for workers to exercise and commanding right and management right. Labor dispatch involves sending unit, dispatched workers and the employing units the three subject, its most notable feature is the law of the labor employment and the use of phase separation, which also makes the labor dispatch is different from the traditional model of labor relations, thus becoming an atypical labor relations.But at present our country labor dispatch in the overall situation is not optimistic, though developing rapidly, but the lack of theory and regulation. Developed rapidly, mainly because of the following reasons:one of, obtain employment pressure increases and the change of obtain employment idea. Secondly, talent resources market and market liberal environment, as well as to the personnel of the growing importance of the free flow of talent, to provide the conditions, labor dispatch has also become possible. Thirdly, to circumvent the labor law the liability of employer is at present our country enterprise the dispatch of labor demand is one of the important reasons. However, in a time of rapid growth, employment relationship from two directions three party transformation brought about by the labor relation complication, also caused the legitimate rights and interests of workers vulnerable status, such as employment instability, improper exploitation, collective bargaining, differential treatment, labor disputes, the exercise of the right of discipline problems, China’s current laws made the dispatched workers rights and interests cannot get reasonable protection. Therefore, this article uses the comparative and empirical methods of labor dispatch legal problems have certain academic significance and the practice significance.This paper first defines the concept of labor dispatch, features and types, analysis of labor dispatch labor relations and social origins of the positive and negative effects, for the legal regulation of labor dispatching theory footstone at thinking, subsequent research and analysis of labor dispatch system and the legal relationship, comparison, analysis, draw lessons from other country laws system, such as Germany, Japan has long been related legislation, in comparison with the case of contact, the relevant laws in our country’s new rules, such as the 2008 implementation of labor contract law" and in 2010 the implementation of the" law of tort liability", analysis of the three parties in labor dispatch legal relationship, identity of the employer define and employer’s obligation and liability in Chinese labor dispatch for the main problem, finally put forward a sound labor dispatch system, such as strict admittance of main body of standard recommendations, on the advice of payment of wages, government regulatory advice and so on.