A Study On The Social Insurance Rights Of The Labor Dispatching Workers

Social insurance system is a civilized achievement based on the economic conditions of modern industrial development, it is an important part of the social security system. In general, social insurance right defined on the labor relations, it’s a social fundamental right of workers, also a constitutional right most country’s constitutions have confirmed. Social insurance right’s property is the right of living,which is an active right. It is aim’s that, every worker is able to get social insurance rights. This thesis center on the basic theory of social insurance rights for systematic study. It is important to the implementation and protection of the labor dispatching worker’s social insurance rights. Labor dispatching workers’ social insurance right is reflected by the legal rules in the Law of Social insurance. Labor dispatch is a new way to employing, it means that, labor dispatch units sign the labor contract with the workers, they established the labor relations. And according to the civil contact with the labor units, labor dispatch units sent the labor dispatching workers to labor units,and it is provide labor. The relationship between labor units and workers is not the labor contract relation. It is the labor using relation. There are three subjects in this mode of employment, and the labor dispatching worker’s hiring and employing is separate. That’s factors lead a lot of difficulty in social insurance rights protection of labor dispatching workers. To ensure the labor dispatching workers to participate in social insurance and to obtain the corresponding social insurance treatment or service,need of social insurance law and the common role of social insurance system. At the same time, when the labor dispatching workers’ social insurance rights are violated,should have corresponding legal remedy.Laborer to directly promote the economic prosperity and history forward,therefore, theirs’ social security rights’ realization have a great significance of the whole social stability and development. Based on the theory of social justice, the law should make reasonable such protection to the place in a more vulnerable position of the labor dispatching worker, and provide a more adequate legal protection. In the social insurance system design, also should make special system for dispatchinglaborers. In order to realize social insurance law of value pursuit of justice and human rights protection and target.In this paper, the labor dispatching laborers’ right to social insurance question has carried on the discussion and research. From the basic concept of social security rights to its value basis, and through the analysis about the present situation of labor dispatching laborers of social insurance, found in the social insurance system and legal problems and possible reasons. Combining the basic theory of social insurance rights, I put forward the proposal to promote the system of social insurance. Hope it will play a role in theory and make use for the building of social insurance law system.