Study On The Legal Issues Of Labor Dispatch System

With Labor dispatch originating in the twenty’s of the last century, human leasingbusiness model was founded by Americans Samue Workman and then this new form ofemployment gradually spread to Western Europe, Japan and other countries. Based on thelabor dispatch with low labor costs, low labor risks, labor flexibility and other advantages,our country has introduced labor dispatch since the late1970s.From the reform andopening up, the labor dispatch has made great progress in our country and this newemployment model is applied to a large number of industries. However, due to theimperfect domestic labor laws and regulations, with dispatch units establishing loose in thelabor dispatch markets, some issues can not be regulated effectively. Such as a hugenumber of labor dispatch, vulnerable equity, therefore, based on the analysis of the labordispatching system of our country and the comparative study on extraterritorial labordispatch system, this article combined with China’s actual conditions and discussed ourcountry’s labor dispatch system to help improve China’s labor dispatch system.From the perspective of civil law, this article firstly used the method of deductionand empirical. From a theoretical overview of the dispatch system, including the basicissues, the basic model of labor dispatch system and the difference between labor dispatchand traditional labor to start, this paper analyzes legal problems which may or have existedin domestic labor dispatching market and introduced the urgency and importance ofregulation of labor dispatch system. Secondly, by using the method of comparative analysis,this part studies the extraterritorial labor dispatching system of the legislation, includingthe overall overview of extraterritorial dispatch system and the revelation to improve ourdispatch system. Thirdly, by using the method of literature analysis and practice, this partanalyzes current relevant laws and regulations on the status quo of labor dispatch systemand summarizes the current main problems of laws and regulations related to labordispatching system. Finally, this part designs the specific system of our labor dispatchsystem by using legal theory. In this part, it proposes reasonable allocation suggestions to the labor dispatch unit, the labor units, the dispatched workers and employers’ liability.This part is meant to improve the labor dispatching system of our country and put forwardthe scientific legislative suggestions and content.