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Study On The Legal Issues In Labor Dispatch

Posted on:2014-06-27Degree:MasterType:Thesis
Country:ChinaCandidate:T T WangFull Text:PDF
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Labor dispatch has a history of over 30 years in China, it has played an active role in promoting our country’s economy, relieving our country’s employment pressure and maintaining our country’s labor market’s flexibility. The Labor Contract Law introduced in 2007, stipulated labor dispatch system through legislation for the first time in China, it specifically set a section to regulate labor dispatch, aiming to regulate labor dispatch system through laws and constrain the development of labor dispatch. After the coming into force of Labor Contract Law, labor dispatch become flourishing unprecedentedly, many employers use it as methods to reduce costs and transfer risks, which went against the legislation purpose, and severely affected the development of economy and the stability of society. Thus after merely four years of Labor Contract Law’s coming into force, the legislation body decided to follow the will of the people and revise the law, on December28 2012, the Amendment to Labor Contract Law was passed, the Amendment pointed directly to the core issue of labor dispatch system, mainly cut in from the access system and applicable scope of labor dispatch, attempting to put an end to the abuse of labor dispatch from the origin, it’s the reflection of progress of legislation. However, there are several problems in current labor dispatch and there is not any explicit provision regards the same in the Amendment to Labor Contract Law, such as the compensation capability of dispatching unit, effect of reverse labor dispatch, uncertainty of parties to labor dispatch, etc., these are material aspects relating to the safeguard of the dispatched employees’ legitimate rights and construction of harmonious employment relations, which await resolution badly.This paper starts from analysis of labor dispatch legal relation and summarizes the current situation and existing problems in our country’s labor dispatch through real cases, it introduces the theoretical disputes in the employers’ liability in labor dispatch and analyzes the stipulations in our country’s Labor Contract Law and current situation with respect to employers’ liability. This paper put it that there are mainly three problems in the labor liabilities in our country’s Labor Contract Law: first, the uncertain definition regarding the employer’s legal status leading to the chaos of the employers’ liability system; second, in the employer’s joint and several liability arising from the infringe of dispatched employees’ rights, there is not enough importance attached to the dispatching unit’s capacity; third, the inequity of the rights and obligations of dispatching unit and employing unit. And this paper uses oversea labor dispatch system as reference to analyze the deficiency of our country’s labor dispatch system and makes suggestions to establish an imprest system so as to raise the threshold; to raise a high standard and requirement to the quality of employees; to make it clear that adverse labor dispatch is invalid; to further refine "equal pay for equal work"; to establish daily supervision system so as to guarantee dispatching unit’s capability and make suggestions to improve our country’s labor dispatch system from the angle of define the responsibilities of the labor dispatching unit and employing unit.
Keywords/Search Tags:Labor Dispatch, Dispatching Unit, Employing Unit, Protection of Dispatched Employee’s Rights and Interests, Employer’s Liability
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