| Labor dispatch, a new kind of employment methods, firstly appeared in 1920s in Europe and America. Due to its elasticity, this kind of employment methods witnessed explosive development, and soon expanded into other countries. For now, labor dispatch industry in Americas, Germany, Japan has perfected. In China, it first appeared in the foreign companies in 1980s. Along with the reform of economic system, a large numbers of staff laid-off from state enterprise, peasant-worker streamed to cities, labor dispatch rapidly developed. Then, dispatched workers have a jump in numbers after the Labor Contract Law of the People’s Republic of China (hereinafter referred to as the "Labor Contract Law") was put into implementation in 2008. Labor dispatch has played a great role in promoting employment in China. But at the same time, labor dispatch industry disorderly developed, and became a way to shirk employer’s legal responsibility and shift labor risk. As a result, dispatched workers’ legally interests have suffered great infringement.The author argued that, as a new kind of employment, the rapid development of labor dispatch in China has its unique characteristics and reasons. Meanwhile, for China where occupies an abundant labor resources, the development of labor dispatch industry has a great effect in promoting employment. However, the related laws which adjust the relation cannot catch up with the rapid development of labor dispatch in the long-term. In addition, with the intentional governance by dispatch companies and employer, regulatory failure of the related sector, lack of awareness and ability of rights safeguarding, increasingly serious pressure of employment, the macro environment of labor dispatch industry is so bad that chaos frequently appears. In order to standardize the development of labor dispatch industry, enable it to play its proper role, China began to implement the new "Labor Contract Law" after the repair on July 1, 2013. For the new "Labor Contract Law" has been implemented more than a year, the labor dispatch industry status and the actuality of dispatched workers’ rights and interests remains to further investigate. In this case, the author wrote this thesis to study the above concerns.This article illustrated the protection of dispatched laborers’ rights and interests from four parts:The first part summarized the theory of labor dispatch. the title and concept of labor dispatch were firstly defined, and also introduced the two kinds of classification. Then, for a deep understanding of this kind of employment, further telling the difference between the "fake outsourcing, authentic dispatching" in practice, its characteristics and the difference between labor dispatch and other similar kind of employment were analyzed. At last, the legal relation of labor dispatching from two perspectives including its nature, tripartite and two parties relations were detailed analyzed.The second part introduced the reasons for rapid development of labor dispatch and its status quo in China. The development status quo and the related law were firstly analyzed, and also expounded the key problems in new "Labor Contract Law". And then, in order to understand the particularity of labor dispatch in its development process in China, the reason for rapid development of labor dispatch in China were analyzed.The third part, the actuality of infringement, that dispatched workers have suffered were introduced. Firstly, workers and dispatched workers were compared so as to analyze dispatched workers’ rights and interests. And then, by visiting social security bureau, labor dispatch companies and such enterprises, studying related cases and documents, the actuality of infringement of dispatched workers’ rights and interests were also analyzed.The fourth part, perfect suggestions to protect dispatched workers’ rights and interests were proposed. The author argued that legislation, administration and judicature should work together so as to protect dispatched workers’ rights and interests. According to the survey results, opinions were proposed, in hope that could help to protect dispatched workers’ rights and interests. |
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