Study On Legal Issues Of Labor Intermediary Service Contract

In recent years the industry of professional introduction in our country is developingfast,there are hundreds of vocational intermediary institutions all the country,anationwide service network of employment is formed basicly.But in our country theregulations about the labor intermediary services contract are imperfect and havebeen setted for relatively long time, the rights and obligations and responsibility ofprofessional intermediary institutions and workers and employer does not reach thedesignated position. A dispute settlement mechanism has not been yet established forlabor intermediary services contract, it lead to many people use legal blank, drill aloophole in the law.This also has led to professional intermediary institutions toprovide false information, exaggerate the working treatment, collect fees in disorderproblems such as frequent, infringed upon the legitimate rights and interests ofworkers, disturbed the job environment. The research for the professional introductionare from the perspective of economic law, study the government’s regulation of jobintermediary role, the system in-depth study from the angle of contract law isfew.This article will be from the perspective of contract law, analyze the rights andobligations and civil liability of vocational intermediary institutions, to studylegislational and judicial problems of intermediary service contract in our country.With the basic theory of the brokerage contract, combined with practice, this articlefocus on how to refine and enrich the contents of the labor intermediary serviceagreement, how to regulate the form of labor intermediary service agreement and howto define the liability for breach of contract,put forward suggestions for the laborintermediary service contract.This article is divided into four parts: The first part analyzes the legal characteristics,legal nature of labor intermediary service agreement and the analysis the differencebetween labor dispatching contract, then establish a basic theory to labor intermediaryservice contract, for the following analysis problem of labor intermediary servicecontract in our country and improve the proposal to lay a theoretical foundation. Thesecond part analyzes the present situation and the existing problems of our countrylabor intermediary service contract, put forward that the labor intermediaryservice contract in our country exists imperfect legislation content, the form is notstandard, the responsibility of breach of contract is unclear. The third part, analyzerelevant provisions of the labor intermediary service contract in other countries, focuson analysis of job intermediary access mechanism and supervision system in the UK, the Netherlands, France, Ireland, and put forward the enlightenment to our country.The fourth part, the paper puts forward suggestions of perfecting our country’s laborintermediary service contract. Aiming at the problems existing in the labor serviceintermediary services agreement, paper put forward that the content of theagreement should perfect, the form of labor intermediary services agreement shouldbe specified and improve the system of liability for breach of labor intermediarycontract.