Research On The Problems Of Labor Dispatch Based On The Labor Contract Law

As a new type of human resources means, the research of labor dispatch haveattracted more and more attention in the relevant industry in recent years. The LaborContract Law (Amendment), which was introduced in the year of2013, has made astrict regulation on the dispatch system and has affected the business dispatch system ofChina profoundly. In recent years, various types of conflicts have been arisen due to theabusing of labor dispatch and therefore our state legislators promulgated a chapter tocurb the phenomenon of dispatch sprawl in Labor Contract Law which came intooperation from January1st,2008. In the same year, several related laws have beenintroduced. In this context, some scholars had speculated that China’s labor dispatchwill face shrinking situation, however the business volume of labor dispatch has notbeen reduced but showing explosive growth in China. This new status has caused theconcern of many experts and scholars. This graduation thesis tries to study the problemsof labor dispatch based on the Labor Contract Law.Based on the discussion of labor dispatch knowledge, the author made acomprehensive analysis on the current situation of China’s labor dispatch in recent years.In addition, the author also lists and analyzes the problems which will be encounteredwhen carry on the labor dispatch business under the background. The author introducessome examples to help those organizations who were still trapped in troubles and hopesthey can provide services with a positive attitude to the other two main parties (theactual labor units and dispatched workers). Through the analyzing of legal aspects andpractical aspects, the thesis puts forward some ideas and suggestions and tries topromote the labor dispatch in China.From the legal perspective, this thesis argues that the scope of labor dispatchshould be confirmed as soon as possible in order to curb the misuse of labor dispatcheffectively. From the aspect of sending agencies, they should adopt a positive attitude toface the changes of the legal environment. From the business side, the labor dispatchproblems should be treated rationally. From the perspective of dispatched workers, theyneed to enhance the learning of the relevant laws in their spare time and they should use the power of trade unions and other organizations to enhance their capacity rights ifnecessary. If all above sides can use a good grasp of the degree of dispatch with correctattitudes under the suited guidance of the government departments, the labor dispatchcan play a more positive role on the development of Chinese enterprises.