Research On Legal Regulation Of Dispatched Employment In China

On July 1, 2013, “The Amendment of Labor Contract Law”(hereinafter refers as “The Amendment”) was enacted, aiming at curbing the current labor dispatching problem. At this stage, labor dispatching problem in China mainly refers to dispatching abuse in two aspects: one is the dispatching scale is too large which almost covers all sectors, far beyond the scope regulated in “The Amendment”—the temporary, complementary and alternative positions. The dispatching workers accounted for a high proportion of employees, showing a mainstream trend.; The other is that the treatment and right between the dispatching workers and the employees are unequal, among which, the unequal payment is the most serious issue. Labor dispatching should have been the supplement forms of labor and employment method, however, it was abused as a low-cost, discriminatory, mainstream employment form. The nature of the problem is unequal payment, with the form of widespread labor dispatching. These two aspects complement each other, forming the core issue of labor dispatching. In addition, although “The Amendment” has been revised on the employer liability, which would also assist the dispatching workers for relief, the article itself has some shortcomings.This thesis will unfold in a logical order, the first part will describe the development process and the regulatory choices of labor dispatching, and will analyze possible dispatching problems after the amendment. The second part will analyze the scope issue on dispatching, by comparison with the extraterritorial dispatching, indicating the better path of dispatching regulation in our country. The third part will point out that unequal pay is one of the most urgent problems in labor dispatching. The author will refine the concept of equal position and equal payment in order to provide reference for the practical standard and remedy of equal pay. The fourth part will analyze the joint employer liability provided in the latest “Amendment”, draw its legitimacy, but also point out some aspects to be improved.