On The Legal Regulation Of Labor Dispatch In Reverse

Due to the global financial crisis, China’s unemployment rate increases, contradiction of labor supply and demand is more outstanding. Wen Jiabao in2009NPC and CPPCC" government work report" pointed out:to make every attempt to promote employment. Labordispatch in promoting employment result cannot be done not have, on the other hand,because of the absence of effective regulation, the dispatched workers legitimate rights and interests are extremely vulnerable to damage. But at present our country employment form serious that some unemployed workers in order to get a job, even in the case of legitimate rights and interests have been infringed may also choose the form of labor dispatch. The legal system is not perfect so that workers have to face employment and protection of their own legitimate rights and interests of dilemma. Therefore, we must perfect the legal system of labor dispatch, from the legal protection of labor dispatch in the play of advantage at the same time a better protection of the legitimate rights and interests of the dispatched workers. This is not only to promote our country laborer obtain employment, protect the legitimate rights and interests of workers play an important role, but also to the harmonious labor relations in our country, the construction of legal system of our country society, a harmonious society has important practical significance.Labor dispatch, refers to the labor dispatching unit (employer) according to the employment units (to send the unit) or labour market needs to recruit workers and the labor contract with the unit that use worker worker, according to their contract labor dispatch agreement will send workers to the employment unit labor, labor process units from employment management, salary and social insurance fees of a treatment units from employment to dispatch unit, again by sending unit paid to workers, and workers for social insurance registration and payment services, unit labor dispatch units to provide services to pay the service fee. Is a special form of employment, employment situation and employment service form. Due to the reverse of sending and the law of labor dispatch--the first job after sending instead, so people in the labor dispatch is preceded by" reverse " word, figure ground says for" reverse labor dispatch" or" reverse dispatch".This paper focuses on the analysis of reverse dispatch in the legislation of our country, and analyzes some direct and indirect reasons:such as the dispatched workers subjected to equal pay for equal work treatment, the dispatched workers social insurance not implemented" labor contract law" implemented, the dispatched workers simply do not enjoy social insurance employment units, optional returned the dispatched workers, labor dispatching units and dispatched workers at the termination of the labor contract, labor dispatching unit deductions owed the dispatched workers wages, the dispatched workers to join trade unions and other serious problems. And further, macroscopical on dispatching system of supervision, and the microcosmic on dispatch system three entities:the employer, the dispatch of units, officers were deployed, specific suggestions.