The Legal Protection Of Labor Rights In Chinese Labor Dispatching

As a new mode of employment, although labor dispatching appeared late in our country, but to get the development by leaps and bounds. Investigate the reason is that dispatching as a recruitment model could make a unit to save labor costs, and share the risk of employment. But if the advantage of labor dispatching can not get reasonably used and regulated, advantage will turn into a disadvantage, which will lead the damage to legal rights and interests of labor dispatching laborers (hereinafter referred to as workers). Our country has formulated the relevant laws and regulations about labor dispatching.However from the current situation of legal protection for the rights and interests of labor dispatching laborers in our country, there are still many defects and insufficiencies. And in the practice of the labor dispatching, infringing on lawful rights and interests of labourers situations can occur at any time because of the profit-driven enterprises. There is a great disparity in the management and labor force in the practice of labor dispatching, if the law is not able to make strong protective regulation for the rights and interests of labor dispatching laborers, only by laborer’s own weak strength in labor dispatching is difficult to compete with the employers. In order to make laborers of labor dispatching be justified in the maintenance of their own legitimate rights and interests, must improve and perfect the relevant legislation and promote the separate legislation of labor dispatching. At the same time to make perfect supporting measures, safeguard enacted law can be put into practice. Foreign countries has accumulated quite a lot of useful experience in the related field, which is worth learning and using for our country. This paper will be divided into five parts:The first part is an overview of the labor dispatching theory in our country. This paper introduces the definition, characteristics, types and dispatching tripartite legal relationship of our country’s labor dispatching. Through the analysis of the labor dispatching tripartite legal relationship to highlight the complexity of labor dispatching, which brings more difficult to the protection of the laborer’s rights and interests in labor dispatching.The second part clarifies the status quo of the legal protection for the laborers’ rights and interests in our labor dispatching. Placement in the legal protection of laborer in China is mainly embodied in the related legislation and the rights of laborerThe third part points out the insufficient of protection for rights and interests of Chinese workers in the legislation and practice of our labor dispatching. The deficiencies of legislation are divided into two levels:the first level is our existing legal regulations on protection of the rights and interests of laborers in labor dispatching problem lack of systematic, targeted and proactive; The second level is nonperformance of legal provisions makes infringement of rights and interests of workers in labor dispatching. In practice, Chinese existing laws and regulations are often can not be carried out to make the damage to the laborers’ rights and interests in labor dispatchingThe fourth part introduced the experience of abroad about the protection of the rights and interests of laborers in labor dispatching. Summarizing the classical approach of Japan, the United States, Germany, France and other countries in the protection of laborers in labor dispatching, and emphasized the trade union of European and American plays a powerful role in the protection of rights and interests of laborers in labor dispatching.Corresponding to the third part, the fifth part puts forward the countermeasures and suggestions. The improvement for protection of the rights and interests of laborers in our labor dispatching, mainly include the improvement in the legislation and practice.To improve the existing legislation, and to promote the separate legislation of labor dispatching. Not only to perfect the existing laws and regulations on protection of the rights and interests of laborers in labor dispatching, but also to attach importance to promote the separate legislation process of labor dispatching, formulate rules of the laborer’s rights in labor dispatching on special. Make sure that Implementing the law of rights and interests of workers in labor dispatching in practice.