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Study On The Legal Issues Of Labor Dispatc

Posted on:2013-08-22Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y SunFull Text:PDF
GTID:2246330395454899Subject:Law
Abstract/Summary:PDF Full Text Request
Labor dispatch appeared in nineties in china, it first appeared in the developed regions, such as Guangzhou, Shenzhen, Beijing, Shanghai, and other places.It is developing very rapidly, has gradually become an important part of flexible employment form in China. Labor dispatch spread in China, on one hand can make the enployment of the enterprise more flexible,help the enterprise including the lower labor costs and a variety of demand; on the other hand due to the related legislation is backward, labor dispatch spread quickly, the dispatched workers legitimate rights and interest can not be guaranteed.the damage of dispatched labor rights and interests is high.because this form of labor dispatch services to three parties, compared with the traditional labor relations are more complex, it causes labor" employment" and" use" detached, labor dispatching units" hire" but no" use", employment units" use" but no’ hire", make the dispatched workers labor rights and interests are easy to be invaded, especially the dispatched laborers remuneration and welfare is a prominent problem, directly affect the dispatched workers and the daily life of the family foundation, which affects social stability and harmony.Security was dispatched labor rights and interests of workers, on one hand can compensate for the labor legislation in our country relevant system design flaw and legal value orientation deviation, promotes our country labor dispatch system is perfect with development; on the other hand, the dispatch of labor employment form of this regulation, in the protection of labor rights and interests of the dispatched laborers but also help the healthy development of our country economy and social harmony and stability.Therefore, this paper of legislation on labor dispatch process was dispatched workers labor rights protection problems put forward a sound suggestion, the paper is divided into four parts:the first part discusses the concept, characteristics of labor dispatch, labor dispatch emergenced and developed, and on the basis of this analysis the labour dispatch advantages and disadvantages, and the peculiarity of legal regulation and the value orientation The second part introduces the problems and the meanings of the labor dispatching units setting up,’the relevant provisions in labor contract law,and approach the element of labor dispatching units setting up from abroad; The third part, The problems of labor contract in labor dispatch. The last explained the modification proposal of labor dispatch post.’from the labor contract law’and the post labor dispatch abroad.Through the literature analysis, comparative analysis and other methods, the legislation was dispatched workers labor rights protection as the research object, through drawing lessons from Japan, Germany, France and other countries legislation, to our country the dispatched workers labor rights and interests protection of elaborate with the analysis, constructs our country the dispatched workers labor rights protection system, inhibition this form of labor dispatch.
Keywords/Search Tags:Labor dispatch, Labor relations, Rights and interests protection
PDF Full Text Request
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