The Protection Of Labor Rights In The Outsourcing

The international Labor Conference Recommendation No.198——“Recommendation concerning the employment relationship " has such a provision" combat with the hidden employment relationships……the disguised employment relationships arise when the employers concealed in a laborer’s legal status as an employee and didn’t treat him or her as an employee.”With the continuous development of social economy, enterprises have more and more strongly demand with the way of the flexible employment, and this is the main reason of a long period of prosperity in labor dispatching. But behind the prosperity of the labor dispatching, there is a lot of hidden dangers, large amount of illegal labor dispatching occur. The new "Labor Contract Law" has been implemented on the July1 st, 2013 and on the March 1st, 2014, " the Interim Provisions of the labor dispatching" started because of the reality of employment. These new laws and regulations have a more clear and stringent regulation of dispatched employment.There are several important significances of these regulations. First of all, it makes dispatching units operate legally. Secondly, it makes employing units use dispatched workers legitimately. Then it can effectively protect the dispatched workers’ legitimate rights and interests, so that the illegal dispatching behavior basically lost its space, and we can create a healthy dispatching market. However, in order to continue to maintain low labor costs within the existing legal framework, to avoid the risk and the responsibility of employment, many companies have turned to the outsourcing services, they treat the outsourcing services as an alternative form of the labor dispatching. Since our current legal system is still less of clear and systematic regulations on labor outsourcing, outsourcing workers’ legitimate rights and interests is difficult to be guaranteed. So the outsourcing has become one of the hidden employment relationships. We should uphold the strict attitude of the International Labor Organization, try to identify "pretended outsourcing but real dispatching",combat with the hidden employment relationships to guarantee the workers’ legitimate rights and interests.This paper mainly uses regulation analysis method, case analysis method and comparative analysis method to sort out the basic legal relations of the outsourcing services, to analyze of the similarities and differences between labor outsourcing and labor dispatching, to study on the motivation of outsourcing, and then Combined with domestic and international regulations of the labor outsourcing to look for the helpful experiences in theory and practice of outsourcing. So that we can solve the problems of the labor outsourcing in practice, we can also provide some references and suggestions for the further improvement of labor outsourcing, and then improve the mechanism in the labor outsourcing of workers’ rights protection. This paper is divided into five parts. The first part is the theoretical explanation of labor outsourcing. It introduces the connotation of labor outsourcing and reveals the nature of labor outsourcing. The second part clarifies the realistic dilemma in the labor outsourcing. This part includes how to determine labor outsourcing and labor dispatching, as well as some confusions in the labor law application to outsourcing.The third part will summarize theories about labor outsourcing at home and abroad.Then the fourth part will analyze the status of China’s current labor outsourcing and the protection to the outsourcing workers, then, reflect on the status. Based on the fourth part, the last part is the perfecting suggestions to labor outsourcing, involve legislation of labor outsourcing, labor outsourcing market supervision and legal supervision and so on.