Research On Rights And Interests Protection Of Labors Placed In Our Country

With the development of economy, the form of labor employment becomesdiversified. Labor dispatching as a new form of labor employment has been quicklyspread across china. After the implementation of labor contract law, labor dispatchinghas laws and regulations to abide by. In the contents of labor contract law amendmenton July2013, there have been many dramatic modifications on the portion of labordispatching, however, there are many expected to be carried out from the perspective ofprotecting working people. Now, labor dispatching evolves into a tool of avoidingresponsibility, which can hardly safeguard the legal rights of working people. Based onthis situation, this paper selects the legal rights protection of working people in labordispatching as subject to discuss and research the improvement of mechanism forprotecting working people’s legal rights.This paper theoretically analyses the concept of tripartite party and theirrelationships between each other, incorporates both civil and foreign regulations onlegal rights protection of dispatching staff, offers improved advices based on ourcountry existed problems. These problems include such that the rules and regulations ofdispatching units are too ambiguous, the definition of dispatching scope is uncertain, theresponsibilities of employer are not well defined, working people lack of sense ofsecurity, the level of supervision is not enough and etc. the counter measures for theseproblems are as follows. Firstly, improve and perfect legislation. Concretely speaking,set up security fund to prevent the conduct of flight capital from happening. Secondly,in the extent of application, prohibition items and allow items have to be explicitlydefined. Thirdly, detailed sanction measures for inappropriate dispatching have to bemade. Fourthly, to end the dispute by the judicial way, given to the workers the rights tochoose the litigation and arbitration, and use the rebuttal burden of proof properly. Lookforwarding protect the lawful rights and interests of workers the dispatched, enableflexible style of employment and the lawful rights and interests of workers can coexistin perfect harmony.The innovations of this thesis are as below:First, the innovation is the improvement of the legal system. Entirely to improvedthe legal system from the legislation aspect, law-enforcement aspect and the judicatureaspect. The core objective is the protection of workers. Second, in the specific way of improving the legislation there also has aninnovation point. Establishing the dispatching unit reserves, so that can ensure theworkers get their salary on time; establishing the Federation of trade unions, andimplementing the dispatched workers’ right of association. The ultimate aim is to protectthe legitimate rights and interests of laborers.Effectively protecting the lawful rights and interests of the dispatched employees,improving the working enthusiasm of laborers, this can perfectly combine the personalvalue and enterprise development, and promote the healthy development of labordispatch, then finally this can maintaining the social harmony and stability.