Rights Of Dispatch Labor At Dispatched Institution

The labor dispatch is an effective way to complement the normal labor works, which is also commonly used in a large number of industries. This kind of employment is often used by the companies today and to support their normal works and to meet the temporarily increased workload, as a not only effective but also inexpensive way.The German Dispatch Labor Law is issued since 1972 and is always involved in modifying and changing. It has confronted with a lot of problems and conflicts since the first day it was enacted. The law has granted the workers their own rights with special protection for the labor dispatch. After many labor law revolutions and reformations, and given the new influences from directions issued by European Union and social circumstances, the legislator had to modify the law repeatedly, to meet the new challenges and complicated cases. This essay will introduce the legal relationship among these parties which are involving in labor dispatch and make a view of the core problem.However, compared to the normal labors, the dispatch labors are limited by its mechanism, way of employment and working time, which means they hold a weak position at their work place and in organization structure. Therefore the German legislators endeavored to enhance and improve the labor protection in this kind of employment in different aspects through the modification of law. Like the short term working provisions are coming from The German Labor Protection and Solidarity Law which is enacted at 2th, March,2009. More modifications come from demands of the European Directives 2008/104/EG for labor dispatch. The core principle of the directives is about the equal treatment between the dispatched labor workers and the normal employee at the dispatched institution, according to its article 5 provision 1.The legal relationship of labor dispatch normally contains two parallel legal relationships. One is between the labor dispatching company and the workers who are dispatched, which is, their labor contracts. The other is the legal relationship between the labor dispatching company and the dispatched institution, which is, the dispatch contract. The remarkable character of labor dispatch is that it contains three parties and two different contracts in its legal nature, also which most of time causes the legal problems and cases.In the fact, this employment is usually used to avoid the regulation of normal labor relations, which normally contains many regulations and prohibition in the Labor Law. This is also why the dispatch labor are always chosen for the evasion of the restrictive Labor Law, which the legislator try to prohibit such situations and enhance the Dispatch Labor Law. Therefore, regarding the European Directives the German legislator also make their efforts to modify the German Dispatch Labor Law with series of new regulations.Whether the new reformation actually strengths and supports the protection, whether those rights of dispatch labors at the institution be dispatched are better protected and enhanced, whether the labor dispatch, which is commonly used to avoid the restriction_of normal labor relations, was under a better protection after modifications and revolutions of labor dispatch law, and whether those rights of them at the dispatched institution are better protected and enhanced, is the core question this essay will discuss about.