Analysis Of The China To Protect The Rights And Interests Of The Dispatched Workers

Labor dispatch is introduced into China in the late1990s.Although to now for more than20years have passed, labor dispatch system in our country is brought into legal regulation nota long time and has been confirmed for the first time by legislation until2008. There are stillmany problems in China’s labor dispatch system, especially in the protection of rights andinterests of dispatched workers, which are still far from enough of requirements. Theseproblems focus on occupational safety and health conditions that are unable guaranteed, equalrights that are difficult to safeguard and collective labor rights that are hard to achieve, etc.From the aspect of basic concept and characteristic of labor dispatch, this paper analyzes legalrelations existing in labor dispatch. This paper, on the rights of the dispatched workers,reveals the problems and deficiencies of the protection of the rights and interests of thedispatched workers in our country and analyzes reasons and as compared with related systemin foreign countries at the same time, this thesis gives recommendations with a hope that itwould help to improve our country’s labor dispatch system, on the basis of drawing lessonsfrom foreign related system. This paper is divided into four parts:The first part, basic theory of labor dispatch. This part mainly elaborates the concept andfeatures of labor dispatch, sorts the historical evolution of labor dispatch and the developmentof labor dispatch in our country and analyzes the legal relations in labor dispatch to lay atheoretical basis for following discussion of rights and interests protection.The second part, deficiencies of protection of rights and interests of the dispatchedworkers. From the aspect of the practice of labor dispatch in China, this part summarizesprominently deficiencies existing in the protection of the rights and interests of the dispatchedworkers, which includes occupational safety and health conditions that are unable guaranteed,equal rights that are difficult to safeguard, problems of employment stability and collectivelabor rights that are hard to achieve and does analysis of its reasons.The third part, protection of the rights and interests of the dispatched workers in foreigncountries. This part mainly introduces regulations of labor dispatch of the internationalorganizations and several typical countries and especially analyzes occupational safety andhealth and the protection of equal rights, in order to draw some helpful enlightenments to regulating labor dispatch of our country.The fourth part, suggestions of perfecting our county’s protection of rights and interestsof the dispatched workers. On the basis of specific legal relations of labor dispatch andcombined with the analysis of practical problems and experiences of foreign countries, thispart gives suggestions for improving protection of the rights and interests of the dispatchedworkers in our country.