The Research On The Legal Issues Of Protection Of Workers’ Rights During Labor Dispatch

Labor dispatching form home and abroad in a foreign country is a non-mainstream form of employment. However, the dispatch has gone beyond the "Labor Contract Law provides for temporary, auxiliary and alternative limit, showing the trend of expansion of the disorder, and greatly damaged the legitimate rights and interests of laborers in China, left unchecked will widen gap in income distribution, the intensification of labor-management conflicts, workforce stability and social harmony and stability. Therefore, improve labor dispatch a legal regulation. In particular, is set to be dispatched workers labor protection system has become required task for.Labor dispatched protection of the rights of workers in the legal relationship has been studied from the following aspects:The first part through the dispatch form of employment generation, industrial distribution, specification and adjustment, the analysis of the advantages and challenges compared with the typical form of employment, combined with China’s labor dispatch of the main problems in the labor, the proposed purpose of this study:improving the dispatchlegal regulation, play the advantages of its flexible labor, and guarantee that laborers enjoy labor rights of workers not less than the typical employment patterns in the employment state.The second part to send the unit was dispatched workers, the legal relationship between the three labor units, which is defined to be dispatched workers legal status of the foundation is to solve the dispatch unit, employers obligations and responsibilities of workers premise. Our labor dispatch tripartite relationship:labor relations between the sending unit and dispatched workers; has no contractual link between the employment units and dispatched laborers, the labor contract between the basis for dispatch units and dispatched laborers made a direct request to be dispatched workers engaged in labor the right to benefit; the dispatch agreement between the sending unit and the labor units is a civil contract of a similar lease contract. The third part of study on the basis of the analysis of relations between the employer’s responsibility to configure. China Labor Contract Law "fusion" single employer ", and" joint employer "mode, the system of protection, the lack of consistent system specifications. Discusses the institutional foundation level in China can only choose a single employer model, and proposed suggestions for improvement.The fourth part deals with sending the protection of economic rights of workers, mainly the protection of the rights of workers equal pay for equal rights and duties of the invention.The fifth section discusses sending the protection of collective rights and interests of workers, by reference to the practices of Japan, the United States, China Labor Contract Law "64 Analysis and proposed employment units, dispatch units in the divisions of the existing institutional framework their duties, fully discharge the functions of trade unions to safeguard the legitimate rights and interests.