The Study Of Legal Issues In Labor Dispatch

As a new form of employment, labor dispatch has began to take shape to meet the requirements of quick development of economic and its globalization. Though labor dispatch started late in China, its particular pattern of employment works as a innovation in common labor relations. Labor economy represented by the dispatch service is becoming a new economic growth points. Its high profit, rapid development and huge potential have attracted most focus from people of various fields as well as the whole society. While the labor dispatch appears as a beneficial supplement to the traditional way of employment, it still has some drawbacks and there is still much to de desired when put it into theory and practice. The content of the Labor Contract Law has mentioned less in this aspect, and there are certain gaps existed when compared with that of the developed countries. It is in great need of the establishment and the improvement of current laws and regulations concerning the labor dispatch. On the basis of actual conditions of the labor dispatch service in China, this paper packs up and sums up the current theory result of this field and takes full use of the labor dispatch system and experience of other countries for reference, and in addition put forward some proposals on how to improve and perfect the current labor dispatch system. This paper concludes four parts:This paper, in the first part, discusses the current social status and legal regulations of labor dispatch in China. From the status and the current position among the labor dispatching units, employment units, and the dispatched workers, I described the main problems by adopting historical method and normative analysis method, and I analyzed the cause of these problems accordingly.In the second part, I give a theoretically analysis from five aspects, including the legal definition of labor dispatch, the distinction between labor dispatch and the relevant concepts, the advantage and disadvantage of the labor dispatch, and the analysis of its legal relations. These all help to clarify the legislative basis of labor dispatch.The third part mainly introduce the labor dispatch system of some developed countries such as American, Germany, and Japan. By making a contrastive analysis, I put forth the common ground and the creative point of different countries, which left me many inspirations and questions worthy of consideration.The last part emphasizes some suggestions to improve and perfect the labor dispatch system in China. The basic principle is to protect the dispatched workers while at the same time take the efficiency, the equality as well as the interest of each party into consideration. On the basis of strict labor dispatch administrative examination and approval system, this paper defined the scope of the application of labor dispatch, and combined with the detailed provisions of the employers’ liabilities together to protect the legitimate rights and interests of dispatched workers.