The Improvement Of The Institution Of Protecting The Legal Rights And Interests Of Dispatched Laborers

Since the1990s, as a new way of using laborers, labor dispatchdeveloped in our country. But this way of employment caused theinstability of labor relations during the process of widely used. It isalso bringing great difficulties about protecting laborers’ rights. Soin2007our country’s "law of labor contract " promulgated developsspecial rules to regulate it, Because there are lots of problems in thelabor dispatching market. For example the main body of the labor relationsis not clear. It’s lack of distinguish about the obligations between theunits of employing persons and the units that use workers. The lawmakersdesign rules to clear dispatching agencies as the main body in the laborcontracts. The law prove that the dispatching agencies must be companies.The lawmakers also design Joint and several liability system in order tostandardize labor dispatching market. But in the process of implementingthis law, the problem of generalization of dispatching employment appears.So our country’s lawmakers promulgated "labor contract law amendment".in2012. This law sets up administrative licensing system to regulatedispatching agencies. Dispatching employment quantity also should beunder control in a certain proportion. Through these systems, ourlawmakers hope to improve the labor dispatching market environment andprotect workers’ rights. In order to curb labor dispatching marketproblems, Our country has established “the interim provisions on labordispatch” and “the measures for the implementation of labor dispatchadministrative licensing”. These laws detail basic requirements aboutestablishing dispatch organizations and make clear the proportion ofusing dispatching labors for those companies. But due to the legal relationship about labor dispatch involves three parties, theserelationships is relatively complex, the theoretical circle in ourcountry is still not formed consensus on the nature of the relationshipbetween the parties. Moreover,during the implementation of the law, thelegal liability between the units of employing persons and the units thatuse workers is not allocated clearly, which is causing the difficultiesprotecting the laborers’ rights. To perfect the system of employment,the law should clear the legal nature of the legal relations and clearthe legal liability which the units that use workers need to undertake.Besides, it’s considering that dispatching agencies’ ability toundertake the legal responsibility is insufficient, our country’slawmakers should set up deposit system and other systems. In considerationof the abuse of labor dispatch, our country’s lawmakers should establishthe trades which can not use labor dispatch. Equal pay for equal work isOne of the biggest problems that our community Cares about. At present,the labors which is dispatched can’t acquire this right. The reason thatcaused this problem is the abuse of labor dispatch. So the most importantwork which we should do is consummating related legal system, in this way,the employing way of labor dispatching can play the biggest effect.