Labor Dispatch And It’s Regulations

Since the1990s, with the development of Chinese market economy, labor dispatchindustry is springing up rapidly. Labor dispatch, involving three parties including thedispatching company, the hiring company and the labor, has replaced the traditionalrelationship between two parties of the hiring company and the labor and has become a newform of employment. The most remarkable feature of labor dispatch is the separation of "hire"and "use" of the labor for the hiring company, in which the dispatch company recruits thelabor and then sent the labor whose are suitable for the hiring company to work there and thelabor work under the direction and management of the hiring company. Some localgovernments regarded labor dispatch as a method to promote employment and highlyencouraged its development. Labor dispatch has indeed played a certain role in certain periodsand its flexibility of employment has met part of the labor’s demands. But because of thecomplexity of the legal relationship of labor dispatch, it is hard to protect the labor’s rightsand benefits in reality. With the expansion of labor dispatch industry and the continuousincrease of dispatched labor, there are more and more violations of the labor’s rights. Due tothe lack of related laws and regulations for a long time, labor dispatch industry becomes adark area where the dispatch company exploits the dispatched workers, the hiring companyavoids labor risk and both of them infringe upon the labor’s rights. Since January1st,2008,the implementation of the Labor Contract Law provided specific regulations on labor dispatch,but there were still some defects with related laws and regulations, and labor administrativedepartment did not supervise properly, the problems of the dispatched labor are not rooted out.On December28th,2012, the Decision on Revising Labor Contract Law of the People’sRepublic of China approved by the30th meeting of the Standing Committee of the11thNational People’s Congress revised the related provisions on labor dispatch. Though this issignificant to some extent, the related laws and regulations are still vague and hard to executein the areas such as application range of labor dispatch, same payment for same work, the aidto the dispatched workers’ rights and so on.This paper began with the basic theories of labor dispatch, then clarified the definition,features and three parties’ legal relationship of labor dispatch, analyzed the problems in labordispatch system in our country considering the current development conditions of labordispatch. The writer also proposed suggestions on regulating Chinese labor dispatch marketon the basis of comparing with the relevant laws and regulations of developed countries. Thepurposes are to promote labor dispatch industry and to protect the dispatched workers’ laborrights.