Analysis Of The Social Insurance Of Dispatched Workers

Labor dispatch,an employment mode from Europe and the U.S, has been active in the beginning of the1990s in China. Different from the traditional direct way to hire workers, this indirect way is a flexible form of employment to adapt to modern market economy. Along With reform and opening up policy,China began a labor dispatch mode. In21st century, it develops rapidly with a massive increase in the number of agencies engaged in labor dispatch as well as staff getting employed through those agencies.Difficulties in social security protection of labor dispatch are not merely due to the three subjects in this employment mode, which separates employing and hiring. The mobility of the dispatched workers makes it difficult to pay social security in a fixed region; The employing units don’t directly pay the workers’ wages or other relevant benefits, so there are prevarications between the employing units and the dispatching agencies; Meanwhile, the labor dispatch workers, mostly from the rural areas, participated in the rural cooperative medical insurance. In China,these various social insurances are hooked to one’s registered residence; Most workers do not understand the existing social insurance laws and regulations and are unable to protect their own interests. In response to these problems, the thesis analyzes the social insurance issues of the dispatching workers in four parts in the methods of investigations, making comparisons between the west and the east and the combination of theory and practice.The first part is an overview of labor dispatch and social insurance. This section discusses the concept and features of labor dispatch, analyzes the legal basis of labor dispatch social insurance and combs through the development course of dispatched workers’ social security policies. As a new form to organize the social resources, it legally involves the three subjects, workers, employers and dispatch units, separating employment and use of labor, resulting in the dual meaning of labor relations in the legal nature.Part Two is an analysis of the social insurance of dispatched workers. It starts by analyzing the current state of social insurance in labor dispatching, mostly about the humble social insurance payment proportion, the low level of social security protection and the many disputed issues on the social insurance of dispatched workers. Secondly, it analyzes the present situation of social insurance legislation for dispatched workers."The people’s Republic of China Labor Contract Law" referred to the social insurance problem of labor dispatching work, and "Provisional Regulations of Labor Dispatching" also have certain regulations on that, especially on trans regional dispatching social insurance but are poorly manipulated.Part Three is the analysis into liability subject of the dispatched workers’social insurance. It analyzes the legal responsibility of the employers in labor dispatch and the social insurance liability subject. In labor relations, the labor dispatch unit is the employer in the legal sense and should be responsible for the dispatched workers. Damage to the dispatched laborers from the employing units, labor dispatch unit and the labor service unit shall bear joint and several liability.Part four is the countermeasures and suggestions for social insurance issues in the labor dispatching mode. The thesis holds that we should not only promote the social security legislation for dispatch workers groups, but also integrate national social insurance collection agencies in order to greatly enhance the overall level of social insurance and ultimately realize the integrated national social insurance system that covers both urban and rural areas with unified models to protect the social security benefits of dispatched workers in terms of social system.