A Research On Labor Dispatching Employee’s Rights Protection In China

With the rapid development of our society and economy, labor dispatching, as a new type of labor relationships, grows rapidly in recent years. On one hand, dispatching reduces firm’s operating costs, accommodates the needs of the flexible labor market. On the other hand, labor dispatching also increases job opportunities; solves the problem of unemployment. However, the development of labor dispatching in our country leads to lots of negative effects. Labor dispatching is used as a means of escaping responsibility, transferring risks. It presents as a mainstream, and severely damages the stability of labor relationships, labor market order and the rights and interests of dispatched staff. So the rights and interests of dispatched employees are very difficult to be secured.On December28,2012, the committee of the11th National People’s Congress passed the30th session of the committee of the National People’s Congress on amending the labor contract law of the People’s Republic of China decision. The implementation of the labor contract law of the change of labor dispatching rules made to modify and improve, concentrated mainly includes:the labor dispatching company shall practice a system of administrative license; dispatched employees shall have the right to the laborer equal pay for equal work with the unit; Has been clear about the labor dispatching is supplementary form of employment, can only be "temporary, auxiliary or substitute job positions. But due to the labor dispatching has not separate legislation, the provisions of the labor contract law on labor dispatch still exists the disadvantage of specific interoperability is not strong, plus labor dispatching in recent years, constantly exposed damage to send employees’rights and interests of the problem, continue to improve the labor dispatch is still very necessary. The author in this article, we will safeguard the rights and interests of labor dispatch staff from as the breakthrough point, through to the guarantee of the rights and interests of our country labor dispatch staff shortage were analyzed, and the reference of foreign advanced concepts, and to further safeguard the rights and interests of labor dispatch staff a series of Suggestions were put forward.This paper in order to protect the legitimate rights and interests of labor dispatch staff as foothold, is China’s labor dispatching personnel treatment status quo, in reference to the academic achievements of many experts and scholars at home and abroad, on the basis of comparing foreign related legislation and combining the actual situation in our country, analyzes the influence of labor dispatch workers safeguard rights and interests of the influence factors, research from regulators, send unit, unit of choose and employ persons and personnel aspects and so on are discussed and analysis, the research will be to further perfect our country related laws, in order to can cause our country labor dispatching benign and healthy development of the labor dispatching employees’ rights and interests can be fully guaranteed effectively.This article used e following three research methods:1, comparison analysis method. By the methods of comparative analysis, the combination of foreign experience and the actual situation of domestic labor dispatching, truly reflect the necessity of pay attention to safeguard the rights and interests of labor dispatch staff.2, literature research. By investigating the literature to obtain information, so as to comprehensively and correctly grasp the legitimate rights and interests of labor dispatch staff.3, the empirical analysis. Citing specific cases and data, analysis on the actual circumstances of the labor dispatching employee rights and interests safeguard.Paper is divided into five parts.The first part is the introduction part, mainly narrates the thesis research background and significance, as well as the literature review.The second part is the summary of labor dispatching, focuses on the concept and characteristics of labor dispatching, as well as the definition of labor relations in labor dispatch. Trying to sort out from the basic theory framework of labor dispatching for the following research problem lay the foundation of labor dispatching employee’s rights and interests. In addition, the present situation and development trend of labor dispatch at home and abroad, by contrast, more can understand the actual situation of our country labor dispatching, and according to their own actual situation in our country, more rationally using the experience of other countries.The third part is the problem of labor dispatching employee rights protection in our country, this part has the shortages of labor dispatching in our country, the main combed the prominent problems existing in the labor dispatch, labor relations is not stable, difficult implementation of equal pay for equal work, labor dispatching overused difficult to achieve and to join the union.The fourth part is the analysis of the causes of labor dispatching employee rights infringement, the author from the labor dispatching management, law and the regulation of the labor dispatch three sides facing the leasing employees rights damage reasons are analyzed. Labor dispatch industry workers, quality is uneven; Send staff rights and interests is damaged when the relief channels is imperfect, sending unit responsibility divided not clear with the unit; Labor long-term absence of regulatory oversight is the cause of personnel rights and interests is damaged. The fifth part is the way of safeguard the rights and interests of labor dispatch employees, mainly from two aspects:on the one hand is to draw lessons from foreign advanced experience of foreign a variety of detailed and is operational regulation measures where there is a lot to our country Such as to set up special account, to set up the industry association, build system of information reporting and communication, etc.; On the other hand is to perfect the domestic laws, through the national legislation can not only promote the labor dispatching market competition ability, enterprise labor costs control and flexibility, can prevent labor dispatching was abused again, protect the rights of dispatched employee and social harmony and stability. Such as strictly limited scope of labor dispatching jobs, strengthen penalties for illegal behaviors, clear legal responsibility division, and formulate detailed rules for the implementation.Because author’s knowledge and time were limited, the view of this paper may be insufficient. Hope some scholars thinking deeply and exploring based on this paper, and hope this paper can improve the labor dispatch.