Research On Regulation And Legislation Improvement Of Labor Dispatch

As a new way to distribute human resources, labor dispatch has the typic feature that theuse of labor is separated from its employment. Labor dispatch emerged in Chinacomparatively late but develops at a rapid pace, with advantages including cutting the laborcosts and risks of companies, and adjusting supply and demand of the labor market. However,labor dispatch in China is not as mature as that in developed countries. The Labor ContractLaw, which was put into effect in2008, for the first time stipulated labor dispatch in China. Infact, more and more defects of the Labor Contract Law are discovered when its terms of labordispatch are implemented. For example, the application scope of labor dispatch is defined tooambiguously, the requirements for establishment of dispatch firms are unstrict, and theregularies on protecting labors are not feasible enough, leaving space for illegal labor dispatchoperation and elusion from legal responsibility.In recent years, labor dispatch spreads and even climbs to the major way ofemployment. Labor dispatch stipulations are frequently violented, which impacts the stabilityof employment relationship and social harmony. This catches much attention of the society.Nowndays, it is one of the most important research subjects that how to improve relativelegislation and standardise the practice in terms of labor dispatch stipulations, and drive thehealthy development of the industry.In this article, the writer firstly introduces development status of labor dispatch in andabroad, and put forwards the prominent problems in China with respect to both relatedlegislation and its practice. And then, the writer analyses the characteristics of labor dispatchand the complex relationship among the three parties involved. At last, referring to advancedlegislation examples in other countries, the writer tries to make out suggestivecountermeasures to improve the present legislation on labor dispatch, expecting to helpstandardise labor dispatching behavior and propel the healthy development of labor dispatchindustry.