An Investigation To The Improvement Of Personnel Agency System

Personnel agency system is a new type of personnel administration system. It emerged during the development of Chinese market economy and the reformation of Chinese personnel system, along with the rise of personnel market. Although it has been actualized for over a decade and there were intensive policies about it, its legal regulation is still deficient. On the one hand, the proportion of personnel agency staff in the employing unit continues to increase because of the strict controlment of personnel establishment. On the other hand, due to the imperfection of personnel agency system, the basic rights and interests of the personnel agency staff can not be guaranteed. They are at a distinct disadvantage in salary, allowance, appraising and choosing excellent staff, and so on. How to strive for the same treatment and salary as formal workers for the personnel agency staff has become one of the most urgent problems.In this paper, the reformation of personnel system is reviewed in detail and various personnel agency systems are compared with other employment systems. Then, the implement of personnel agency system in various employing units is investigated. In additon, the labor law relations and fundamental law theory of personnel agency system are clarified. On this basis, the flaws in personnel agency system are summarized and analyzed, including inequality of Dual track system of employment, irregularities of employment contracts in personnel agency system, management hysteresis of personal records of personnel agency staff, high mobility of personnel agency staff to the staff’s and employer’s disadvantage, lack of belongingness of personnel agency staff caused by control of domicile, and insufficiency of effective way for personnel agency staff to become regular workers. At last, some reasonable ideas to solve these problems are presented, including improving legal norm of personnel agency system, formulating uniform management regulation of personnel agency staff, realizing integration of personnel system, regulating employer management of personnel agency staff, normalizing employment contracts in personnel agency system, and achieving equal pay for equal work.