Research On The Improvement Of The Labor Dispatch Law Of China

The labor dispatch is a new kind of employment mode, which can effectively reduce the labor cost for the enterprises, it also can provide more employment opportunities for the society, and thus it becomes more and more favored by the enterprises, and gradually becomes a common way to employment. However, in the labor dispatch, it involves three parties:the labor dispatch entities, employment units, as well as dispatch workers. Furthermore, labor dispatch is an atypical empl oyment mode, for the employment and the use of labor are separated, therefore the labor relations it involved are very complex. Labor dispatch has a short history in China, regulation laws on labor dispatch are not perfect, so there are a lot of legal disputes in this area. Study on the labor dispatch legal system, find out the existing problems in the legal system of labor dispatch, based on this, we can put forward some suggestions to improve the related regulation laws. We hope this c an provide reference for the existing labor dispatch legal system, and make some efforts to promote the healthy development of labor dispatch industry.This thesis studied the related legal system of labor dispatch from five aspects: in the first part, it described the purpose and significance of this research, and then give an overall review on the related research; the second part is theoretical basis of this paper, it first introduced the concept of labor dispatch, and then poin ted out the legal relations among labor dispatch entities, employment units as well as labor dispatch workers; in the third part, it analyzed the present situations of labor dispatch legislation in our country, and pointed out the existing problems in it; the forth part proposed the related suggestions to perfect the legal system of labor dispatch; the last part is the conclusion and prospect of the future research.Through the research, we discovered that the legal system of labor dispatch has some problems:unequal pay for equal work problems persist to exist; adminis trative license and the constraints of the registration capital is still weak; the cont radiction exist between the weak law enforcement capacity and the strong illegal contradiction. For the problems, our suggestions are as follows:in the improvement of existing legislation aspect, it need to strictly define the clause of "equal pay for equal work", and clearly pointed out the subject of responsibilities, as well as properly allocate the testifying burden of labor dispute; in the aspect of building the supervision and civil self-organization mechanism, first it should improve the supervision system, build the operation risk deposit system, and banned the labor dispatch system in specific industries and occupations, secondly, it should improve the self-discipline organization mechanism, construction the industry association, play the role of the trade unions; lastly, it should perfect the dispute settlement m echanism, constructing the mediation procedures, using new dual labor dispute pro cessing mechanism of "separate the arbitration and litigation" to integrated the labor dispute arbitration institution.