The Protection Of Rights And Interests In Labor Dispatch

As a special employment relation in our country, the history of labor dispatch is not long. After its legalization as a special chapter in Labor Contract Law of PRC, labor dispatch is preferred by many companies because its flexible employment, cost and labor dispute reduction. Then it is carried on well and also alleviates employment pressure.Recently, there are some problems in labor dispatch because of its abuse and lacking the feasibility in legal articles, such as same work with different pay, social security rights and interest is damaged, labor dispatch is beyond three posts (temporary, assistant, substitute posts), and poor institutional qualification of companies. The legitimate rights and interests of workers are damaged by deviating from original legislative purpose.On December 28, the NPC Standing Committee modified the Labor Contract Law and putted it into implementation on July 1,2013. Although it enhances the admittance threshold of labor dispatch companies, by implementing an administrative license, giving an explanation of three posts and equal pay for equal work, and increasing penalties to punish illegal acts, problems that are worth focusing on in practical operation, such as the low social insurance, the plaintiffs don’t have the relevant standing to sue, and infringement acts in return mechanism of labor dispatch, still exist.According to our laws and actual cases, this paper attempts to study these problems in practical operations, with the use of summarize, analysis and comparison of methods, to protect the legitimate rights and interests of workers, perfect labor dispatch system, improve the Labor Contract Law, provide general advices to construct a harmonious labor relation and maintain social stability.The framework of this paper is composed of four parts.Part one is the background behind labor dispatch. This part introduces the definition, legally characteristic, the cause, development process and current situation.Part two studies the infringement acts to dispatch workers in different locations with actual cases by analyzing causes and giving advices to the dilemma of defending their legitimate rights and interests.Part three introduces the informal employment organizations’ infringement to dispatch workers. By analyzing the phenomenon, this part discovers the lack of protecting labor rights, and wants to help workers out of this situation.Part four involves that dispatch workers’labor rights has endured great loss in return mechanism. Based on the accurate comprehension of related legal articles, this part elaborates the cause of return mechanism, and offers advice to protect labor rights through unifying cases.