On The Protection Of The Laborer’s Rights And Interests In China’s Labor Dispatch

With the development of socialist market economy in China, the demands for human resources become diverse. Labor dispatching is getting favor of numerous enterprises due to its characteristics of flexibility. However, with the increasing fierce market competition, the labor dispatching gradually become a means of transferring risks and evading responsibility by employer, meanwhile, the employees’legitimate rights and interests will suffer from serious damage. Therefore, with the booming development of labor dispatching in China, many related problems and disputes arising.Faced the situation in practice that dispatched employee’s legal rights are being serious violated and labor dispatching develops in a disorderly way. This article focuses on the analysis of protection of labor rights and interests when labor dispatching becomes a new type of Chinese labor employment. Besides, as Labor Contract Law Amendment came into force on July1,2013, labor dispatching further becomes public attention and brings widespread public concern in theoretical circles. Based on this opportunity, this article chooses protection of labor rights and interests in labor dispatch as the topic, discussing and researching the problem of protection of labor rights and rights in labor dispatch.This article is divided into four parts.The first part outlines relevant theoretical knowledge on labor dispatch, involving the dispatch definition, dispatch characteristics and legal relations, so that we can fully, basically understand labor dispatch system.The second part mainly discusses the situation of labor dispatch and protection of labor rights and interests, combined with thirty real case in the practice regarding labor dispatch and empirical analysis for forty copies of questionnaires, comprehensively understanding the real situation of Chinese labor dispatching development. The third part focuses on analysis for relevant provisions and implementation status of Labor Contract Law Amendment from the feasibility, rationality and operability of regulations, so that dialysis the shortcomings in China’s legislation level.The fourth part aiming at the problems of protection of labor rights and interests and the shortage of legal regulation, and puts forward some ideas and suggestions in order to safeguard the legitimate rights and interests of dispatched employees.