Discussion About Labor Dispatch System In China And Its Perfection

With the development of society and economics, Chinese labor dispatching has also developed rapidly. And it began in the late1970s, as a more flexible way of employment, the existence and development of labor dispatch go with the tide of social progress. So labor dispatching has a great development in our country. As a flexible employment way, labor dispatching brings us certain benefits. The application of labor dispatching system makes employers save the cost of human resources management and evade the risk. From the aspect of society, the application of labor dispatching increases the opportunities of social employment which helps the human resources to obtain the reasonable configuration. To dispatched laborers, the requirements of labor dispatching forms of employment are lower and more flexible, so it can provide some labors whose abilities are weaker a various channels of employment.Due to the flexibility of labor dispatching and lots of benefits it brings to us, our country’s labor dispatching legal system has obtained the rapid development since reform and opening-up, and become one of the accepting units that labor company can choose from, besides, it gets more and more attention from all walks of life in our country. In the "labor contract law" and other important laws and regulations, they all regulate the legal system related to labor dispatching, which promote the healthy development of the legal system of labor dispatching. Since2008, our country has implemented "labor contract law" and the "implementation of labor contract law regulations" to safeguard the interests of the employees, which has a positive influence. The law regulated many unreasonable labor dispatching behaviors, but it still exists shortness. At present, our country labor dispatching industry is in its beginning, development stage. As a new thing, it has not fully got into the vision of government policy. In the absence of standard circumstances, the operation of labor dispatching exposed some problems. Such as, not clear operation status, the management qualification without examination and approval, the lack of standard which the enterprises use labor dispatching type work size and position, not clear modes of bearing the responsibility, lack of security for the third party rights, ect.. These problems in real society have become more and more obvious in the long run, if not strengthen legislation regulation, it will affect the social order and the labor relations, is not good to social stability and development. At the same time, the purpose of "labor contract law" is to define the rights and obligations of the parties, protect the legitimate rights and interests of the workers to build and develop harmonious and stable labor relations. It is accorded to with our country "labor contract law" legislation spirit to perfect the legislation about labor dispatching, which exerts great influence on our country’s social development.The full text divides into four parts. Firstly, it is the basic overview about labor dispatching, and mainly expounds the connotation of the labor dispatching and its origin and development. Secondly, from the connotation of the labor dispatching, this paper analyzes the current situation of labor dispatching and the existing problems, and it proposes a series of problems on labor dispatching in our country from six aspects, such as the establishment of labor dispatch permission, applicable scope, supervision dynamics, responsibility, equal treatment and so on. These problems consist of appearing staffing firms whose qualification are not enough because of the establishment of their qualification are low, and it makes dispatched workers and labor units suffer losses; Applicable scope is not clear, when occurrence dispute cannot make a clear judgment; Supervision and management don’t reach the designated position, it makes the accepting units appear abuse labor dispatching system situation, and violates the lawful rights and interests of the dispatched laborers; when appearing dispatching disputes, the responsibility between dispatching organizations and employing units is joint which makes ambiguous. This leads to it is difficult for the dispatched labors to safeguard their rights and for the workers whose the legitimate rights and interests are violated cannot get effective compensations at first time. Another is, dispatched laborers’right to equal pay for equal work could not be guaranteed. Furthermore, we take the labor dispatching legislation of the United States, Germany, Japan as reference, we have summarized about labor dispatching establishment qualification, applicable scope, responsibility and supervision and management experiences and we can borrow them in perfecting our labor dispatching legislation according to China’s specific national conditions. At last, we can provide some suggestions on how to perfect our country’s labor dispatching system o f legislation. It mainly about perfecting labor dispatching industry market access syst em, setting up pretty cash system to ensure lawful rights and interests of employees, explicating the applicable scope of the labor dispatching, clearing labor dispatching application and avoiding the abuse of labor dispatching system situation. we perfect the labor dispatching supervision system method in order to get a better development in promoting labor dispatching industry, at the same time put forward to distinguish labor dispatching dispute of liability mode, perfect dispatched laborer salary mechanism, then it can get some suggestions about the aspects of helping dispatched laborers to get reasonable compensations and advices.