The Study Of Labor Dispatch Legal System

The labor dispatch was introduced into China sine 1970s and then it is gradually applicable in each field, becoming one of the important labor employment methods of the labor market. As one labor employment method, the appearance of labor dispatch propelled the development of the related legislative system in China. In 2008, the implementation of Labor Contract Law firstly clarified the legal status of labor dispatch; in 2013, there are only some trivial revisions that highlighting the important role of labor dispatch; in 2014, as a separate prescribed regulation, the Labor dispatch Interim Provisions not only highlights the importance of the dispatch of the country, but also proves that there are many problems need to perfect in the development of the labor dispatch. For the case of the current situations, such as development fast, legislative lag, damage workers’ legitimate rights and interests, it is necessary to realize the dispatch from the perspective of regulatory legislation.Firstly, it starts on theoretical research and sort out the basic theory about the dispatch system, which is a good theoretical support for follow-up study. This article focuses on deeply analyzing the legislative status, through comprehensive interpretation of the relevant provisions of the Labor Contract Law, Labor Contract Law Implementation Regulations, Labor Contract Law Amendment and Labor dispatch Interim Provisions, generalizing some problems in the labor dispatch legislative system, including the following aspects. For instance, the unclear range of the legal applicability of labor dispatch, the imperfect admittance criteria of the market, the incompletely regulations of ruling labor units, the unsound legislative rules of rights and duties and responsibilities of workers and so on. Therefore, in order to complete our legal system, it explores some foreign countries and tries to found some perfect legislative proposals through the research about the legal system about US, Germany and Japan. The author of this thesis summarizes the revelation of some foreign law:formulate a special Labor Dispatch Law to ensure the development of labor dispatch, use the principle of the license, with the exception prohibit to limiting the scope of the dispatch, strictly regulate the behavior of market admittance, and a clear division of the legal responsibility of the labor dispatch units and labor units and protection about workers’ legal rights and interests and so on.Finally, as the focus and difficulty, on the basis the legal situation and problems of labor dispatch, this article learns from the advanced experience of other countries, from the perspective of clarifying the applicable object, sounding establishment, alteration and elimination system of the labor dispatch units, standardizing labor units behavior, formulating the incentives to, establishing perfect culture and training system to protect the rights of workers to equal pay, realizing the right to job security of workers, playing functions about the trade unions, establishing industry organizations to develop strict legal accountability mechanisms and supervisions to putting forward scientific proposals. Its purpose is establishing and improving the labor dispatch legal system,regulating market orders of labor dispatch, in order to creating a harmonious and stable social environment for realizing the Dream of China.