On The Improvement Of Legal System Of Labor Dispatching In China

Labor dispatch, as a new form of employment under the market economy, could reduce the human resource cost and improve the business efficiency of enterprises, which promotes the changes of labor market. This paper mainly researches on the basic theory of regulations of labor dispatch, makes a description of development history and deficiency of Chinese laws of labor dispatch, takes successful international development experience as lesson, and proposes improvement measures of labor dispatch regulations. It attempts to find an approach to bring positive functions and reduce negative effects of labor dispatch, and focuses on safeguarding rights and interests of labors, in order to optimize talent structure and promote the stability of labor market. The whole article contains four parts, except the introduction and the conclusion.The first part makes a description of labor dispatch. It starts from the concept and features of labor dispatch. Based on an analysis of the legal relations of tripartite subject of labor dispatch, it presents current situation of legislation of labor dispatch in China, and recognizes the inevitability of development and the necessity of regulations of labor dispatch, in order to pave a way for studying the standardization and development of laws and regulations of labor dispatch.The second part contains current problems and their causes of labor dispatch regulations. Through discussing these problems and disadvantages, it analyses the reasons for them and defines the striving directions of improving the laws and regulations of labor dispatch.The third part enumerates the provisions of labor dispatch regulations of international labor organizations and developed countries. Through analyzing relevant legal provisions of labor dispatch abroad, such as international labor organizations, America, Germany, Japan and other countries, this part makes a conclusion of their reasons for adopting labor dispatch, and of their regulation experience of permission and supervision to labor dispatch and treatment to dispatched laborer, in order to bring benefits of improving our labor dispatch regulations.The fourth part, the focus of the thesis, puts forward a few proposals of improving our labor dispatch laws and regulations to deal with the prominent problems in labor dispatch. Meanwhile, through the measures of establishing labor dispatch industry associations and labor unions, labor dispatch legislation is attempted to be more comprehensive and operable, labor dispatch be returned to the definition of the supplemental form of labor employment, enterprises be led to recruit workers directly, and laborers’rights and interests be implemented and maintained practically.