Analysis Of Current Labor Dispatch Circumstance In Shanghai And Study On Countermeasures

Labor dispatch is a unique employment method that an intermediate agencywhich provides dispatching service takes responsibility in establishing laborrelationship with employees but those employees actually work for, are managed andsupervised by certain accepting entity. Since its existence, the separation ofemployment and use has become its most remarkable characteristic. As one of thealternative employment forms, labor dispatch gives more flexibility, which is differentfrom the traditional ways.As one of the alternative employment forms, labor dispatch along with thereform and opening-up policy, deepening of state-owned enterprise reform and theprocess of urbanization in China, labor dispatch plays an active role in alleviating avariety of problems, such as the lack of labor supply and demand, the re-employmentof laid-off workers, the restriction of personnel establishment, the short-termtemporary employment according to enterprise’s production needs, etc. However,with the development of labor dispatch, it causes such problems like disorder in thedispatching market, the state of “unequal pay for equal work”, remote dispatch,reverse dispatch, etc. All these infringe against the legitimate rights and interests ofemployees. With the increasingly concerns about issues of labor dispatch, thegovernment also pay attention to its standard development, and further regularizelabor dispatch market and conduct the entire industry’s development in an orderlymanner through the legislation and amendment of “Labour Contract Law of thePeople’s Republic of China”. On the basis of the reference to the academic research, and the statistical analysison the data of several labor dispatch entities in Shanghai in2011, as well as theinvestigations on the comments and suggestions from some dispatched staffs andrelevant companies, this thesis proposes remedial measures for standardization oflabor dispatch in Shanghai through research methods such as analyzing andcomparing its necessity of existence and related issues with the new “Labour ContractLaw”.This thesis consists of four parts.The first part make an introduction of the development status and characteristicsof labor dispatch in Shanghai by reference to a number of data and information, theinvestigations on the dispatched staffs and the relevant companies, and the research onthe legal rules, etc.The second part makes an analysis on the necessity of existence for labordispatch in Shanghai, such as “unequal pay for equal work”, the conversion ofcontract workers to dispatched ones, remote dispatch and mixed management in thedispatching market caused by the labor dispatch in Shanghai.The third part concerns the positive and negative effects of the new “LabourContract Law” on the labor dispatch in Shanghai by comparing it with the old law.The forth part proposes the remedial measures dealing with the problemsexposed in the labor dispatch, focusing on such aspects as follows: improvement ofthe dispatching system, strengthening of the supervision, trade union building andmarket guidance, etc.