Enterprises In The Dispatch Labor Legal Risk Prevention And Control

In recent years, the market economy has become more sophisticated, labor reformmore innovative ways, the labor dispatching breed a new form of employment with therational allocation of human resources market labor practice. Since January1,2008implementation of the "Labor Contract Law", and more focused on the protection of thelegitimate rights and interests of labor, increases in labor and management, restrictionsand responsibilities, its implementation is not only holds many lessons for theemployment environment a huge impact, but also dispatch labor employment,fixed-term employment contract made significant changes to expand the scope of therefinement of the labor dispatch system specification. In the fast-paced market economy,the enterprises to meet the needs of the market, while reasonable risk-averse largenumber of applicable labor dispatch employment. This form of employment not onlyease the business expansion due to staffing problems arising from poor operation, is alsoan effective solution to the problem of insufficient cost of human resources. In thispaper, the actual case, for the dispatch labor exists in the enterprise risk analysis, and abrief exposition of its risk control measures.This conclusion, the total is divided into four parts:The first part describes the concept of enterprise dispatch labor cases, and the focusof controversy described, which leads to dispatch parts.The second part of the enterprise dispatch a brief overview of the work, includingthe labor dispatching the origin, legal origins and characteristics of the briefintroduction.The third part of the enterprise common labor dispatch employment pattern simplecombing and dispatch of the enterprise in the form of labor compared with other formsof employment.The fourth part of China’s labor dispatching legislative situation and legal riskanalysis, proceed from the legislative situation, leads the corporate use of labordispatching sources of risk and dispatch agreements, corporate positions set byinstitutions subject qualification, labor dispatching management of joint and severalresponsibility five aspects of employment applicable to the dispatch of the existence oflegal risk.The fifth part of the legal risks of Chinese enterprises labor dispatching the prevention and control of the recommendations, and the recommendations of thefive-point prevention and control risk: rigorous review employment agency to the mainqualifications, the second is to strengthen the norms of the dispatch agreement andsupervision, clear responsibilities and rights of all parties to reasonable restrictions posts,improve the pay system, to achieve equal pay for equal work is clear areas ofresponsibility, effective way to avoid responsibility.