Legal Issues Research On The Dispatched Workers’s Rights Protection In The Labor Dispatch

Labor dispatch is an atypical employment type. How does the employmentprotection system, mainly based on traditional employment type go to face the labordispatch’s impact and challenge, is a new task that the contemporary labor legislationfrom all countries of the world have to conquer. In the past20years, from birth togrowth, labor dispatch has been developing by leaps and bounds. It truly contributes alot in improving the employment of our country. However, some problems in theoryand legislation have also emerged in the course of the regulation’s practicalimplement. If the problems can not be solved properly, the dispatched labors’ rightsand interests will be damaged. So, from the angle of dispatched labors’ rightsprotection, this paper has conducted a systematic research on labor protectionregulation in labor dispatch, which will be meaningful in improving China’s labordispatch legal regulation and enriching labor law theories. The legal concept of labordispatch is defined in this paper. The feature of labor dispatch is indicated. The legaltripartite relationship in the labor dispatch is analyzed to elaborate the employerliability theories on the basis of the legal concept of labor dispatch. Single employerliability theory in Civil Law system countries and co-employers liability theory inUSA are cataloged. And then, problems of the dispatched labor’s rights protection indispatching practice, mainly includes the risk of safety and health, the unrealizedequal rights, the harmed right of job stability, are pointed out, and the root cause ofthese problems are detailed explained. In the end of this paper, this country’s detailedsafeguard procedures on dispatched employees’ rights are set out on basis of foreignlabor dispatch laws. The procedures mainly included strict examine and approval ofthe labor dispatch enterprises, the warranty of the ability on bearing liability, furtherclarity of the range of labor liability, ensuring that equal pay for equal work anddismissal protection, ensuring of safety and health rights, clarifying the employer’sliability, the establishing of labor dispatching enterprises associations. These activitiesare supposed to ensure a better protection of the dispatched employees’ legal rights.