On Protection Of The Labors’ Rights And Interests In Long-term Labor Dispatch

As one kind of human resources, in contrast to the traditional labor form,labor dispatch is a new kind of employment in which the recruitment andemployment are separated. As foreign goods, labor dispatch is originated fromEuropean and American countries and is introduced into China in the end of1970’s.With the admission and regulation of this special labor form in our Labor ContractLaw in2007, labor dispatch quickly develops in our country. However, the rights andinterests of those who are dispatched in labor dispatch are seriously violated forseveral reasons. First, the working condition keeps instable for dispatched laborsbecause of the complicated triangle labor relation under labor dispatch. Meantime,our legislation of labor dispatch is too simple that there are still some shortcomingsand it seems a bit lagged. Besides, there are many problems in government’ssupervision. With the purpose of human rights protection and realizing decent workof labors, this paper studies the protection of the dispatched labors under labordispatch in our country, for hope that some advises for effective protection of therights and interests of dispatched labors can be carried out and more people can bestimulated to the research of institution of labor dispatch so that our legislation oflabor dispatch can be improved and perfected.There are four sections in this article except foreword and conclusion.In the first chapter, by first introducing the concept and classification of labordispatch, the long-term labor dispatch is introduced and its definition is given. Then,by comparison of long-term labor dispatch with similar temperate labor dispatch andemployment agency, the legal features of long-term labor dispatch is analyzed.Finally, the triangle legal nexus under long-term labor dispatch in our country is analyzed and the conclusion is drawn that there is labor relation between dispatchingagency and dispatched labors and the dispatching agency is the sole employer.The second chapter, at the base of introducing the basic contents of labor’s rightsand interests protection in our country, the conclusion that it is valid to protect therights and interests of the dispatched labor is drawn by comparing the similarities anddifferences between the dispatched labor and the usual labor and by introducing thelegislative history of labor dispatch at home and abroad.In the third chapter, by classifying the dispatched labor’s rights and interests intogeneral rights and interests and special rights and interests, the legal rights andinterests that our country’s dispatched labor deserved are scanned and the lack andproblems of the current situation of our protection of the dispatched labor’s rights andinterests are analyzed, therefore the reasons referred to the problems are analyzed.The forth chapter, based on the sum-up of the above, especially the reasons inthe third chapter, by standing at the ground of our legislation and using Germany andJapanese legislation examples as a source of reference, legal suggestions on theperfection of labor dispatch institution in Labor Contract Law are carried out.Meanwhile, the writer’s suggestions to strengthen the protection of the dispatchedlabor’s rights and interests are advanced.