The Improvement Of Our Country’s System Of Labor Dispatch

The labor dispatch is a new mode of employing labor in our country. Which means according to the requirements of employing labor unit, the dispatch enterprise hired some workers and signed employment contract with them. Meanwhile the dispatch enterprise sign labor dispatch contract with employing labor unit. Finally, send those workers to the employing labor unit for particular work. The "labor contract law" issued in 2008 legalized labor dispatch, which was the first time the concept of labor dispatch system officially came into operation in china. Through those years actual implementation, the labor departs provisions even further from original meaning. A lot of problems are getting more and more serious, especially unequal compensation for equal work, the allotment of employer liability; and other problems in the implementation process, such as the indefinite definition of temporary, auxiliary and alternative. A lack of clarity in the law lead to a variety of civil disputes, and also makes dispatched employees increasingly lacking in confidence about law. As a result, in December 28, 2012, the NPC Standing Committee first time revised standers on labor law, at the same time, law toughens up penalties for the illegal act on labor dispatch, but still do not make any provisions on the rights of dispatched employees. This paper gives some suggestions on labor dispatch system based on analysis the legislation actuality.This paper consists of five parts. At first it mainly specified the basic theory of labor dispatch, including introduce definition and characteristics of labor dispatch, untangle legal relations of both dual labor relationship and single labor relations, set forth my view on this question, Finally specified labor dispatches value and principle. There describe it mainly introduced the policy and law on labor dispatch in foreign country. This paper has chosen three typical countries USA, Germany and Japan as a reference; found out experience we can learn, through analysis labor dispatch systems establishment, verification and time limitation in these three country. It talked about present situation and problems of labor dispatch in china, point out six problems, each of the problems are the most seriously at present, some of the problems have already effect the allocation of human resources. It discussed method to improve labor dispatch according to the six points have been listed above to improve Chinese legislation on labor dispatch. at the same time the author also put forward some suggestions aiming at labor dispatch, including deadline and legislation system of labor dispatch, qualification and management of labor sending agencies, make provisions on equal pay for equal work, clearly the "three" position, the allotment of employer liability of the mufti-employers and protect interests of dispatched workers. The thesis is committed to China’s labor dispatch law would to be standard and systematized. Make labor dispatch law become a separate part of labor contract law and become the real haven of dispatched workers.