Research About The Legitimacy Of Applying The Non-fixed Term Labor Contract For The Dispatched Labors

It is known that the Labor Contract Law has been taken effect in the year of2008,January the first in our country. During the process of this law-making, disputes anddebates about the related points has been quite drastic and furious. Among the hot points,the non-fixed term labor contract and labor dispatching are the most eye-catching issues.This paper processes from the practical problem related to labor dispatching, focusing onthe current laws and regulations and combining the writer’s consideration in the labordispatching practice, finally researches the legitimacy of applying the non-fixed term laborcontract for the dispatched labors from different views. This thesis can be divided into4parts: Part1declares the definition and character of the non-fixed term labor contract andlabor dispatching, and meanwhile combining the relating laws and regulations, Part2putsforward the issue that whether the dispatched labors should be applied the non-fixed termlabor contract, and the writer holds the view that the answer is yes. Establishing in Part2,Part3demonstrates the legitimacy of applying the non-fixed term labor contract for thedispatched labors. This part clarifies the argument from different angles: the purpose of thelegislation of Labor Contract Law and Labor Law; Lex injusta non est lex; the labordispatching relationship; the proper job for labor dispatching; the effective grade of lawsand regulations; the internal need of labor relation in social practice. In Part4, the writerputs forward the suggestions and ideas for perfecting the related legal systems of applyingthe non-fixed term labor contract for the dispatched labors, changing the current chaossituation of labor dispatching, and protecting the rights and interest of the dispatchedlabors.