Research On The Problems Of Legal Regulation Of Labor Dispatch

Labor dispatch, as one of atypical employment methods, in promoting the economicdevelopment of China，helping the worker to find a job and satisfying the demand of theflexible employment of the labor units, while there have been a series problems, such as theunequal pay for equal work between the regular workers and dispatched workers, severelyrestrict to build the harmonious and fair labor relationship and harmonious society.“LaborContract Law of PRC” was implemented in2008. This Law was contained the adjustment ofdispatch labor for the first time. Due to the strict regulations of the law to the traditionalmodel of employment, and the principled regulations of the law to the labor dispatch, thelabor units are interesting in choosing labor dispatch. In practice, labor dispatchingcompanies are easy to set up, resulting in prosperity dispatch industry and disordercompetition. On the other hands, the labor units which choose labor dispatch base on laborcost and employment risk. The collusion of labor units and dispatch companies, has beenaggrieved the legitimate rights and interests of the dispatched employees. In July2013,“Labor Contract Law Amendment of PRC” has been implemented. Although the dispatchunits and the labor units were strictly regulated, the specification of the scope of the dispatch,the dispatch period, the equal pay for the equal work and the legitimate rights and interests ofthe dispatch workers are still a mere formality, and have been lack of clear,effective anddetailed rules of implementation. However, the number of labor dispatching agencies and thedispatching workers is increasing every year. How to guarantee effectively the lawful rightsand interests of such a large group of dispatched workers, which is the logical starting pointof this study and the focus of the study.In this paper, I visited10dispatch units,3labor units, and made questionnaire surveywith more than1,000dispatch workers of Tianjin City. Through the empirical analysis, firstly,I summarized the issues of Tianjin dispatch system which appear in the actual operation ofthe three main aspects among dispatch units, labor units and dispatch workers. Secondly, Iwanted to explore the causes of dispatch workers’ legitimate rights and interests have beenviolated. Thirdly, I learn the successful experience and enlightenment from outside nationalregulatory aspects of the dispatch. At the end, considering the reality of labor dispatch of China, I put forward the reasonable countermeasures and suggestions for our country tostandardize the development of labor dispatch.In this paper, using the methods of literature, empirical analysis and comparativeanalysis, based on the analysis of the current situation of Tianjin labor dispatch, I propose theconcept of research one is to improve the labor contract law and related regulations, and thesecond is to strengthen the national supervision to the labor dispatched agencies and laborunits. In which should be contained stricter terms to dispatch units and labor units. First of all,it should have the strict regulations to dispatch units, which include the legal rules of marketaccess to the dispatch units, the qualification and management classification of labor dispatch,the registered capital, the reserve system and so on. The second is to strictly regulate laborunits: including dispatch the scope of application, and then send the labor, employer liabilityemployment units, equal pay and the right to rest and vacation, democratic rights ofregulation; And the third is to improve the quality of the proposed dispatch workers, enhancethe legal awareness and other recommendations.