The Research Of The Protection Of The Rights And Interests Of Dispatched Laborers

After the introduction of Labor Contract Law, as a new way of labor, labor dispatch accelerates labor mobility, facilitates enterprises to reduce labor costs and increases the business interest. Moreover, it increases pathways and opportunities of jobs to meet the need of the businesses and workers. But labor dispatch is a double-edged sword. Due to the lack of effective regulation of the law, dispatched workers often suffers the damage of the rights and interests. Dispatched workers’ rights that cannot be protected easily have come to a consensus. If the advantages of the dispatch system effectively work, it will bring a win-win situation; otherwise it may result in multi-lose-lose situation. Without effective regulation of the labor dispatch, it may trigger social insecurities and affect the establishment of a harmonious society.The reason why the interests and rights of dispatched workers is difficult to obtain effective protection is different from the traditional labor relations, as a new type of labor, the formation of a unique tripartite legal relationship. Labor dispatch is a form of labor that dispatch units sent workers to labor units work, according to the dispatch contract. Originally, labor dispatch is only a complementary way, but not a major form of labor. Now, the dispatch has presented chaos and has exceeded the limit of industry, labor time, jobs, and gradually become a routine, widespread employment forms. For the phenomenon, the new revision of Labor Contract Law focuses on the labor dispatch. The highly controversial social issues, such as the dispatch unit qualification, equal pay for equal work, dispatch range and so on has been amended. But this revision cannot bring a fundamental change to well protect the rights and interests of the dispatched workers and also may not be able to effectively regulate the dispatch industry development. Because, the existing systems of labor laws cannot assume this situation. Professor Zheng Shangyuan said,"Labor Contract Law could not accommodate all dispatch services." In view of the particularity of the labor dispatch, the government should be special legislation for dispatching early.