Research On Legal Regulation Of Labor Dispatching In China

In recent years, with the development of market economy, all kinds form of economic organizations appeared, and the labor form puts forward new requirements, labor dispatch in economic development and the function of the labor market demand, first in the western developed capitalist countries appeared and grew, and labor dispatch become a form that labor market all parties to attention in the form of employment.Labor dispatch is such a labor form that is, send unit and the employees placed sign labor contract, sending unit and the accepting unit sent agreement signed to send the personnel quantity, sending jobs, send time and labor compensation and other related content, will be sent to the accepting unit laborer, send laborers at the accepting unit under the supervision and management of the engaged in labor is a kind of special form of employment.Labor dispatch, with its flexibility, such as flexible labor advantages in western countries has developed into the mature stage, but labor dispatch broke the traditional labor relations of labor model, the traditional labor relations is laborer and the employer of one-to-one relationship, and labor dispatch make employment and labor phase separation, the employment not use, use don’t hire, formed the sending unit, sending laborer and unit of labor relationship between, make more complex relationship, often appear laborer the phenomenon of rights being damaged, and how to promote the healthy development of labor dispatch, in theory and practice has been debate, thus pushing the labor law research.With the reform and opening-up, labor dispatch in China has also obtained fast development, especially in the coastal economic developed area, there is a lot of labor dispatch, how to labor dispatch through the standard management to promote the development of the health, has also no unified the related regulations, management, there is also a chaos, the situation of implementation until2008new "labor contract law" is improved, the new "labor contract law" for the first time to the relevant provisions of staffing firm, make labor dispatch in China officially recognized by law. labor dispatch development base from then on, the labor dispatch in the development of our country has simulative effect. But this is the first law of labor dispatch recognition, the hard to avoid in the legal regulation has some problems, how to improve the labor sending of the legal regulations, and promote the healthy development of labor dispatch, to establish the harmonious labor relations, as the purpose of this study.This paper to labor dispatch in the process of the development of legal issues involved for basic contexts, first from our labor dispatch development background and the present situation, that labor dispatch is in the enterprise employee cost, individual employment demand and market to the labor force resources under the common function of gradually developed, thus present a labor dispatch in different regions, different professions and different range of the employment of the difference between the status of development Second from labor dispatch market operation condition analysis the staffing firm management position and business mode and sent the number of personnel and the time, through the analysis of the status of the operation of the market, in order to find labor dispatch operation of the market in the problems existed in the legal regulation of the regulation that direction; And then the labor dispatch main body of the legal relationship between defined, the theoretical circle at present there is a heavy labor relation theory and double labor relations of the theory of debate, through the analysis of this paper argues that at present our country’s labor dispatch is a heavy labor relations; China’s current analysis again law to labor dispatch regulation exists in the deficiency, and through the introduction of the United States, Germany and Japan in the labor dispatch aspects of legal regulation of experience, and finally to perfect China’s labor dispatch legal regulating recommendations to promote the healthy development of our country labor dispatch and promoting employment.