The Research On Protection Of Dispatched Workers’ Rights

The rapid development of the dispatch as a new form of employment, Abuse isalso a very serious. China on January1,2008implementation of the "Labor ContractLaw, In Chapter II, made special provisions for this system. Clear involving threesubjects in the dispatch, Dispatch units,dispatched workers and labor units. Dispatchlegal relationship with the traditional labor relations have large differences. Nolonger is the relationship between the employer and the worker. Become the rightsand obligations of the dispatched workers dispatch units employers. Legalcharacteristics of this form of employment is the most significant is the employmentof the labor force and the use of phase separation. Only harmony and stability, inorder to promote the dispatch system development for the better the relationshipbetween the three subjects.If the relationship between the dispatch tripartite bodydisorderly development, will be difficult to draw a clear line between the dispatchand the Accepting Unit shall bear responsibility, better guarantee can not bedispatched to the legal rights of workers.“Labor Contract Law" the dispatch of the special provisions of the specialsection, even more stringent than the general labor relations."Labor Contract LawImplementation Regulations Chapter V Special Provisions, eleven law stipulates, aswell as in the" Labor Contract Law "to25legislative interpretation of dispatchingthe complex labor relations regulation, practice operability is not strong. Therefore,in practice corporate law to circumvent the dispatch system. Violations of thelegitimate rights and interests of laborers dispatched occurrences. Framework of theprovisions of the "Labor Contract Law" only dispatch system, I think it necessary tostudy and explore deeper dispatch system, in order to better safeguard the legitimaterights.In this paper, the problem of labor rights protection were dispatched there,integrated use of social surveys, comparative analysis, theory with practice, expand the protection of the interests of dispatched workers. This paper start from the basictheory of dispatch, analysis of of dispatching the concept andcharacteristics,integrated use of dispatch tripartite legal relations theory, presentedthe current situation of the labor rights protection and legal issues, to find out thereasons for the dispatch dispatch labor rights protection missing from. Finally, bydrawing on the domestic and foreign scholars in this area of research results andnational legislative practice experience, the legal regulation dispatching itsinstitutional deficiencies, to put forward legislative proposals to improve ourdispatch system., to safeguard the legitimate rights and interests of laborers from thesource. And clear indeed provisions dispatch scope, strict regulation dispatch unitssubject qualification, further clarify employer responsibilities assigned, activelysafeguard the legitimate rights and interests of workers to join unions.