The Discussion On The Improvement Of Our Labor Dispatching System

Labor dispatching is a new employment service and enterprise recruitment system in the development of labor market and it mainly includes three parties such as dispatching unit, employing unit as well as the dispatched laborer. Therefore it is a complicated new employment relationship. Since its working method is flexible hence the labor dispatching has played an important role in alleviating our employment pressure. However, when the enterprises use large amount of dispatched laborers the biggest disadvantage is it will increase the mobility of laborers which causes difficulty in ensuring various rights and interests. Therefore the protection of laborers in labor dispatching should be paid more attention by the society.The labor contract law of People’s republic of China (hereafter referred to as Labor contract law and The labor contract law enforcement regulation of People’s republic of China (hereafter referred to as Labor contract law enforcement regulation) has stipulated specific rules for labor dispatching. In the four years of implementation it has achieved great result. However, since the theoretical research is not thorough and some weakness exists in legislation hence it has been taken advantage of by some labor dispatching unit and employer which causes damage the interest of broad laborers. And this has become a issue affecting labor relationship and harmonious employment stability. The national people’s congress standing committee has completed the modification of Labor contract law in2012and it has put the focus of law modification on labor dispatching. The launching of each legislation is a compromise of some kind of current social phenomenon. And it is also the result of interest gaming. Even though Labor contract law has made some modification on our current issues many people still think the simple modification can not address various issues we are facing at the moment. Moreover, it can not make all the laborers get freed from this kind of dilemma.Concerning this issue there are big realistic significance, this paper initially draw research results about this issues gained by others so as to mainly demonstrate what kind of method should be adopted to standardize labor dispatching through questionnaire, the double analysis of current issue and the modified law, combining advanced experience in overseas. The purpose of the paper is to endorse the implementation of Labor contract law and it is also an analytic research of the existing issues so as to expect the further improvement in labor dispatching system. Moreover, it will also help the disadvantaged group such as dispatched laborer to actively safeguard their own interest so as to better serve the society, promote social stability, and construct harmonious labor relationship.The writing idea of the paper:the first part illustrates the basic theoretical issue of labor dispatching, analyzes the three party legal relationship of labor dispatching so that it concludes that the labor dispatching relationship in our nation is double labor relationship. The second part gains further understanding of the current condition of laborer and the related issues in our labor dispatching through questionnaire. Moreover, analysis is also conducted through two aspects such as current situation and legislative situation and it also conduct analytic discussion on the issue in labor dispatching and the existing problems of articles. The third part mainly concerned with the legislative practice and enlightenment of developed countries and it introduces the successful experience of developed countries in terms of legislation and practice. Through this it gained enlightenment on the basis of analysis and it also provides theoretical support and practical experience for the protection issue of our dispatched laborers. The fourth part is the suggestions for improving our labor dispatching system. Hence, based on the above analysis it further puts forward the solution in addressing the issues.