Research On Legal Problems Of Dispatched Employment

Labor dispatch first originated from the western developed countries, although itwas newly introduced into China, with the transformation of economic structure,enterprise market competition pressure increases, diversified concepts of laboreremployment, as a new type of employment,labor dispatching industry has got veryrapid progress.The human society had experienced industrialized economicdevelopment in the process of economic globalization, traditional mode of standardlabor contract relationship has begun to gradually weaken. The world had entered theelasticity of labor and economic instability, flexible employment time. The traditionalstandard of labor relations has been unable to adapt to changing labor market demandin a market economy, under the human resources flexible, elasticity of demand, moreand more employers began to tend to use "temporary workers" adapt to the market ofcyclical and structural changes. Labor dispatching this new form of employment hasbeen widely exist in the labor market at all over the world,but the difference of thecountries on the development of social economy and practice result in labordispatching to define the basic meaning in different ways. Legal science scholars andmanagement scholars in academia also has a definition of diversity on the basicmeaning of labor dispatch."Labor dispatching" this word is mainly used in China(mainland China, Taiwan, and Hong Kong), Japan and other places, while Europeanand American countries generally called labor dispatching "lease labor","temporarylabor" or "lending labor".Labor dispatching has special and complex legalrelations,it’s different from traditional frame structure of the labor relations, so it’sfaced many problems on the application of law. Such as the problem of laborer to bereturned, the application of the non-fixed term labor contract, the application ofnon-competition,the application of quit office.For this purpose, this paper based onthe legislation of labor law spirit and academic theory research,to explore dispatchingof specific problem involved in the legal system from the perspective of judicialpractice and the enterprise practice. In this paper, the first chapter mainly introduces the basic meaning and legalcharacteristics of the labor dispatch,and summarizes the different views of thedispatch legal relationship. Some scholars agree with one layer of labor relationstheory, and subdivided into right of Labor claim for transfer theory,true altruismcontract theory, the double operation theory, employer bound theory.And somescholars agree with double layer of labor relations theory. The author comment on theview above base on the current situation of the development of labor dispatching inour country and the legislative purpose of labor law, aimed at discussing the problemof legal application from the perspective of practice.The second chapter discusses theproblem of labor returned in the dispatch,such as employers can be based on theagreement in the labor dispatch contract will be returned to the workers, due to thelaborer is not competent to return, due to objective conditions change of laborer to berefunded,and worker’s right of relief.The third chapter discusses the feasibility ofnon-fixed term labor contract in labor dispatch and specific applicable conditions.Thefourth chapter discusses the two conditions of non-compete in in labor dispatch,non-compete theoretical feasibility and practical value in labor dispatch.The fifthchapter discusses exercise of worker’s trailer right to resign and the liability forcompensation.