Research On The Protection Of Dispatched Workers’ Rights

Labor Dispatching System originated in the fifties and sixties of the twentieth century, the United States, generally believed that this new employment methods first proposed by the United States Sanual Workman. As the system is flexible, convenient and easy labor mobility, it gradually recognized by all sectors of society, especially the rapid development in the United States, Japan, Europe and other developed regions to the1970s. Labor dispatching system in our country may be late. Generally speaking, it first appears when we are beginning the Reform and opening up in the economic relatively developed area, then started in most regions of the country.Labor Dispatching System is a new form of employment in the labor process of the market. It refers to the labor dispatch unit according to the labor dispatching agreement, signed with the unit that will establish labor contract relations with their sign labor contract workers sent to employers set the location of the job, workers receive the command and management of the project unit, but do not sign a contract with employers, workers’ wages, welfare, social insurance, etc. The dispatching unit is responsible for the recruitment form. As a market economy under the conditions of market-oriented allocation of human resources complement form, Labor dispatching of flexibility to keep market has played a very positive role.In June2007, we passed the law of the People’s Republic of China labor contract law ", which explicitly prescribed in section ii of chapter5related content of the labor dispatching system, Since China’s labor dispatch system is no longer free from the national laws, at the same time, the promulgation and implementation of the law to strengthen the protection of dispatched laborers rights and interests. However, due to the labor dispatching in China or new things, coupled with the lack of refinement for the regulation of labor dispatching system, the responsibility is not clear, in practice there are still so many damage the lawful rights and interests of dispatched workers. For this kind of situation in China in December2012passed the "labor contract law (amendment)" special regulations about labor dispatch system. Whether these changes can effectively solve the problems in the practice, it remains to be stood the test of time and practice.This article mainly divides into four parts:The first part is an overview of labor dispatch, it Mainly tells the paper’s research background and meaning, semantic concepts and title, the final cause of Labor Dispatch and story of the semantic concept of labor dispatching, labor dispatching system that exist in the basic legal relationship as well as the general classification of labor dispatch, and Sorting out from the most basic theory and the structure of the labor dispatch for the following in-depth study dispatched laborers’ legitimate rights and interests protection problem lay the foundation.The second part mainly aimed at the protection of the rights and interests of dispatched workers in the labor dispatch industry of our country, and expounds the present situation of it. It mainly including cannot guarantee of safety and health right, equal treatment is difficult to implement, the right remedy is difficult, and has carried on the reason analysis to the above phenomenon. The author thinks that the main reason has three aspects, the first one is the particularity of the legal status of dispatched workers, second is the lack of industry regulations, and the third one is China’s "labor contract law" the relevant provisions of the principle.The third part mainly tells the story of "labor contract law(amendment)" to protect the deficiency of dispatched workers’ legitimate rights and interests protection. The author thinks that, although the "labor contract law (amendment)" and "labor contract law" in2008, progressive significance is very obvious, but there are still not conducive to the hidden trouble of the dispatched workers legitimate rights and interests protection. Basically has the following two points:one is about sending unit to the provisions of the barriers to entry; But about sending position and quantity of labor.The forth part is mainly under the background of "labor contract law(amendment)" implementation, in view of the disadvantage existing in the practice of the phenomenon of dispatched workers, at the same time, draw lessons from the United States, Japan, French, Germany and Taiwan area in our country regulation dispatch advanced legislation experience, from reasonably dispatch using scope and time limit, dispatching units set up qualification increased margin requirements, the reasonable allocation of employer liability, guarantee the right of dispatched workers to participate in or organize trade unions and strengthen labor administrative law enforcement and improve labor inspection practice point of view, to protect the rights and interests of dispatched workers in the labor dispatching problems in-depth discussion, and proposed individual humble opinion.