On The Improvement Of Labor Dispatch System In China

Labor dispatch is characterized with the advantages of flexible employment, theadaptation to the needs of flexible employment and reduction of the cost for direct cost, whichhas attracted many enterprises gaze. However, the immaturity of China’s labor market,especially the imperfection of related laws and regulations, causes the abnormal prosperity oflabor dispatch in our country and the emergence of some negative effects or someuncoordinated problems, which not only damages the immediate interests of the dispatchedlaborers, but also seriously impacts the stable development of labor relations. This thesis startswith the basic theory of labor dispatch, overviews the development and legislation of labordispatch system in the foreign advanced countries, summarizes the development andlegislative status quo of labor dispatching system in our country, and reflects the problemsexisting, and puts forward corresponding suggestions, hoping to improve China’s labordispatch system, effectively protect the legitimate rights and interests of three parties in thelabor dispatch so as to realize the healthy development of labor dispatch system and theharmonious and stable labor relations. The thesis consists of five parts, in which Part Onediscusses the basic theory of labor dispatch, introduces the concept and characteristics thereof,and analyzes and defines three legal relations of labor dispatch to lay a theoretical foundationfor the study of China’s labor dispatch system. Part Two elaborates the development of labordispatch system in the related countries and its enlightenment to China. This part overviewsthe development history and legislation of labor dispatch in the USA, Germany and Japan andelaborates the system for labor dispatch in these countries worthy of our reference, hoping tolearn from the advanced system in other countries to make up the defect of labor dispatchingsystem of our country. Part Three probes into the labor dispatching development status quoin China, overviews four development stages and current legislation of China’s labor dispatchso as to have an overall grasp over our labor dispatch system. Part Four discusses theproblems in the current labor dispatching system, analyzes the status quo of the labordispatching system of our country, compares it with the overseas advanced systems andproposes the deficiency of our labor dispatch system, hoping the legislature and other relevantdepartments to pay attention to and solve these problems. Part Five proposes somesuggestions for the improvement of the labor dispatch system of our country, including strict management on labor dispatching organizations, rational allocation of employer liability, thestrength of obligations and responsibilities for the dispatched employees and the combinationwith the appropriate regulations of the public power to promote the orderly and healthydevelopment of our country’s labor dispatch system.