A Study On Issues Concerning Labor Dispatch Of China

Labor Dispatch, as a new type of employment emerging comparatively late in China, is animportant content which was set forth in a special chapter in Labor Contract Law of2007(hereafter referred to as “the former Labor Contract Law”). In China, the basic form of LaborDispatch System started in1979when Beijing Foreign Enterprise Human Resources ServiceCompany (FESCO) dispatched Chinese employees to the Resident Agency of a Japanese companyin China.During over30years’ development and its appearance in law, Labor Dispatch has played apositive and important role in safeguarding the stability of employees and the harmony of society,and in guiding the companies and employees through difficulties. However, new problems alwaysappear accompanying the emergence and development of new things. Now Labor Dispatch isexpanding fast and tends to be a mainstream. For lack of regulations or unreasonable regulations,Labor Dispatch has become a harbor for employers to avoid liability in Labor Contract Law tosome extent, thus increasing the profession instability and labor inequality and also, decreasing theemployment quality, which does harm to laborers dispatched and enterprise competitiveness,leaving Labor Dispatch criticized by the society.The contradictions among developing Labor Dispatch, enlarging employment and strictlyregulating Labor Dispatch, protecting the dispatched laborers’ rights, keeping stable labor relationsare all indicated in Labor Contract Law. In five years’ practice, problems concerning thequalification of labor dispatch units, dispatch scope and period, protection of laborers’ rights,distribution of employers’ liabilities, dissolution of labor contract and economic compensationhave not been completely solved.The development of our society proposes higher requirements for Labor Dispatch and theout-of-order market needs to be regulated and completed, so Labor Contract Law of the People’sRepublic of China (hereafter referred to as “the new Labor Contract Law”) in allusion to LaborDispatch of our country emerged at the right time in2012. Although laws and regulationsconcerning Labor Dispatch have been adjusted and improved constantly, there still exists manyproblems unresolved theoretically or practically, which may affect the healthy development ofLabor Dispatch. Meanwhile, the applicability of registration of Labor Dispatch, the reality ofequal pay for equal work, clarity for temporary, subsidiary and replaceable positions as well as thevalidity of ways for employers’ taking liability regulated in the new Labor Contract Law alldeserve our continuous research.The research contents of this paper are based on the existing laws concerning Labor Dispatchas well as the research findings of other scholars. Through documentary analysis, comparison andother methods, and based on the basic structure of the development of Labor Dispatch in ourcountry, this paper carries out a study on the relevant problems concerning Labor Dispatch, withan aim to realize the combination of theory and practice. In the Introduction Part, the author gives a brief introduction to the emergence anddevelopment of Labor Dispatch and gradually summarizes many problems to be studied aboutLabor Dispatch in China. Part I is a brief introduction to Labor Dispatch. The author emphasizesthe importance of the definition of Labor Dispatch, which is also given a clear demarcationthrough comparison; the author also has a basic thought, comparison and analysis on the featuresand categories of Labor Dispatch so as to grasp the definition of Labor Dispatch frommacroscopic view. In the second part, the paper analyzes the current legislation and the existingproblems in Labor Dispatch of China. Setting the year2012as the boundary point, the authoranalyzes the main problems and reasons in Labor Dispatch after the implement of the formerLabor Contract Law; meanwhile, the author compares the differences between the former LaborContract Law and the new one, and summarizes the changes and the implement emphasis of thenew Labor Contract Law. In the third part, this paper gives suggestions on the relevant problemsconcerning Labor Dispatch in China, prospects the implement of the new Labor Contract Law bycombining the theoretical development and the current main problems of Labor Dispatch in China,and put forward opinions and suggestions on the further regulation of Labor Dispatch. In theConclusion Part, this paper summarizes the problems elaborated and also proposes someelementary thoughts on the development in the future.