Study On The Legal Problems Of Labor Dispatch In The Protection Of Workers Rights

The first ten years of the twenty-first Century, with the deepening development of reform and opening up, the labor dispatch industry in China is developing rapidly, the total number of dispatched workers has continued to rise, become a very large social groups. Compared with the traditional labor relations, the labor dispatch relationship has many different characteristics, these characteristics is of great significance in further flexible labor market demand and increase employment. However, because of the different characteristics from traditional labor relations exist, resulting in the labor process, the legitimate rights and interests of the dispatched workers are vulnerable. But also damages the rights of dispatch workers cases often appear. In view of these, our legislators have been making great efforts, trying to pass legislation to establish a perfect system of the labor dispatch system, promote the healthy operation of the labor dispatch industry and strengthen the protection of the dispatched workers. But through practice found that, before the legislation of labor dispatch system running effect is not ideal, protection of the legitimate rights and interests of the dispatched workers still have not been solved thoroughly, and need further improvement and perfection of legislation.In this paper, in the process of sending workers from China’s labor’s legitimate rights and interests are often infringed the facts, the integrated use of empirical, comparative, systematic analysis method, to "labor dispatch workers rights and interests protection law" this topic. First of all, the author will be sent from the basic theory of China’s labor dispatch, basic concepts, the main classification and characteristics are elaborated, at the same time, a detailed analysis of the three party in the process of the labor dispatch legal relationship, and find out the relevant provisions of our legislation on labor dispatching system. Secondly, the author will to our country the dispatched labor rights protection problems in practice are described, two reasons and the analysis of its rights and interests are infringed upon. Third, the labor America Germany, and Japan to send legislation are expounded, and analysis, learn from the advanced experience of foreign legislation on the protection of the rights and interests of the dispatched workers, one long, as I used to. Finally, the author will start from the above analysis, put forward to perfect our labor dispatch workers’ rights and interests protection problems, through the creation of improvement of legislation and system, improve the labor dispatching system in our country is more, better for the economic development of our country to provide assistance.