Study On The Rights Protection Of Labors In The Labor Dispatch

The labor dispatch is an atypical form of employment, come to our country nearly20years of labor dispatch from generation to development experienced a leap in the process of. At present, China’s labor supply and demand information asymmetry, labor dispatch to alleviate the employment pressure, can help to workers in the formal employment prior to short-term employment. Labor dispatch is in today like the bamboo shoots after a spring rain rises like the development, because this kind of form that use worker to labor units and the dispatch of units are very favorable. For the employer, the labor dispatch can effectively reduce the cost of human resources management, thereby enhancing the competitiveness of enterprises; the sending unit, can develop their own development space, to access the growing economic interests. While the laborer, the labor form can satisfy the flexible work arrangements, but labor units and the dispatch of units through the form of labor, extremely easy to cause the dispatched laborers rights abuses.In front of the enormous pressure on employment, labor dispatch has become an irresistible trend. Based on this, need law to carry on the effective regulation, otherwise, the enterprise in order to save the cost, will use a lot of employee, make the rights and interests of workers in danger. Although the" labor contract law" on labor dispatch given attention, and has made a few provisions, have certain progress, but fundamentally speaking, the protection of labors degree is still not enough. In practice, the dispatched workers rights infringement phenomenon still exists in a large amount. In order to change this phenomenon, as soon as possible to improve the existing laws to protect the rights and interests of workers is crucial.In this paper the Carrefour supermarket workers case as the starting point, the analysis of cases, the practice of labor dispatch and the existing problems of the labor dispatch the basic theory on the basis of the analysis, on how to protect the rights and interests of the dispatched workers are discussed, and some suggestions were put forward. The full text is divided into three parts, including introduction, text, conclusion, and the body is composed of four parts:The first part is the question. The part from the Carrefour supermarket workers case proceed with, introduced the basic situation of the case, through case analysis, find out the labor dispatch problem in practice, which leads to the following. This part mainly includes three aspects:the basic case, case involving the legal issues as well as labor dispatch problem in practice.The second part:the basic theory of labor dispatch. As a result of the dispatch services concept directly determines the object of legal regulation of labor dispatch, directly reflects the essence of three party relationship, so this chapter first defines the concept of labor dispatch, followed by an analysis of the basic characteristics of labor dispatch, finally analyses the employment units, the dispatch of units and dispatched workers between the three legal relations. Clear labor dispatch three parties:the relationship between nature, content, legal norms of labor dispatching relationship premise condition, but also solve the problems existed in labor services dispatching condition.The third part:the law on labor dispatch system regulation. This chapter mainly analyzes the dispatch of units in the legal rules and regulations, labor units in the legal rules and regulations as well as the dispatch of units and units with the legal liability regulation, below the part to solve the problem lays theoretical foundation.The fourth part, China’s labor dispatch labor rights protection perfect. This chapter is mainly to solve problems, mainly from the improvement of the dispatch of units, unit labor regulations as well as giving the dispatched workers in a stable position positive rights three aspects carries on the elaboration, front three part and the extraterritorial experience, the author puts forward some suggestions, this is the end.Innovation of this paper is mainly reflected in:First, this paper selects the case of the social impact of large, relatively novel, through case analysis, identify the problems, the article puts forward some pave the way for.Second, this paper focuses on the practice of the dispatched workers rights and interests protection existence question proposed some specific solutions, have certain maneuverabilityDeficiencies of this thesis:limited to the limitations and the space, this article on China’s labor dispatch system separate legislation did not discuss. But the author believed that, the theory circle of our country labor dispatch of labor services dispatching system step by step and the development of itself, on the labor dispatching in protection of rights and interests of workers and labor dispatch separate legislation will cause more problems and legal scholars to concern, the ultimate guide service dispatch system is on the road of healthy development, thus achieve better protection of rights and interests of the dispatched laborers of the value.