Comment On The Case Of Labor Dispute Between Feng XX And A Law Firm, B Dispatching Company

As a kind of a typical labor form,the appearance of placement has its ownsubject subjective and objective application.Placement not only plays a positiverole,but also has its passive effects.As a minor working patterns,it develops rapidlyin China.In the placement,the relationships among the staffing firms,the acceptingunits and the placed employees are very complex.The absence of law in this field haslead to some correlative law problems,the rights and interests of the PlacedEmployees that is the weakest part among the three parts can hardly get relief throughthe law when their rights are encroached.So the establishment and improvement ofthe placement system is very important.Labor dispatching returned mechanism is imperfect example of the "LaborContract Law", Such as: labor dispatching of returned circumstances. How to dealwith labor relations between dispatching company and the worker, When the workersreturn to the employer. Analysis China labor dispatching returned system of the state,Summarized the labor dispatch situation, and proposed to achieve harmonious labordispatching relations in the arbitrary norms of the labor contract law.This paper begins from the case of labor dispute between Feng XX and A lawfirm, B dispatching company. It may find out the issue of the case in theoretic andpractical; analyses and discuss the existent problems which come into being on therights and interests protection of Labors who are placed in our country，consequentlyshow clearly the problems which must to be resolved in reality of the legalstipulations and managements on labor dispatch in our country. It defines the basemeanings of labor dispatch And the legal relation ships of the three parties，and showsclearly the sociality on the rights and interests of labors. Lastly, we uses the base ofacademic achievements on many domestic experts and specialists for reference, readand unscramble the related stipulations of rights and interests protection of laborsWho are placed as per our country law of employment contract in detail, combine theproblems on the labors, rights and interests protection of our country, it points out thatdisfigurement on the labor dispatch. Regarding the legislative style, independentlegislation of labor dispatch in China is suggested. Based on labor dispatching theory,used comparative analyses of the law and empirical method,analyzed labordispatching mandatory norms of China’s labor contracts law, and proposed to achieve harmonious labor dispatching relations in the arbitrary norms of the labor contractlaw.In order to achieve the balance of law and management and balance of litigationand non-litigation.