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Analysis On Problems In The Labor Dispatch System Of China And Its Countermeasures For The Problems

Posted on:2016-03-21Degree:MasterType:Thesis
Country:ChinaCandidate:S H ZhangFull Text:PDF
GTID:2297330482974919Subject:Law
Abstract/Summary:PDF Full Text Request
Compared with the traditional style of labor in the form of employment, labor dispatch can be called a new form of employment, which originated in the United States and Europe and other more developed market economy countries. The root cause of the labor dispatch is that he traditional type of labor in the form of employment has been unable to keep up with the pace of economic development because of the rapid development of economy, therefore, in order to balance the development of the economy and the activities of human and make the economy develop more stable and faster, a new form of labor-labor dispatch came into being. In fact, for China, the labor dispatch can be called exotic. Labor dispatch in our country originated in the late 1970s, as China’s economy leaps and bounds, dispatch also developed rapidly. In such a relatively complex market environment, the dispatch system plays an important role as the variety of the employment forms. It is a powerful manifestation of social development and progress of the times which improves the efficiency of human resource allocation and reduces labor costs, enhances the mobility of convenience and provide dispatch workers more employment opportunities. however, because of the great flexibility of labor dispatch system, as it has made lots of practical benefits to the enterprise, it is also becoming a certain illegal extent by which some companies can reduce its labor cost. If companies and workers signed a formal employment contract with the workers, the company must pay social insurance premiums for their employees, as well as health insurance costs and other related costs, dispatched workers are often engaged in temporary, auxiliary, irreplaceable work of non-core businesses which decide that they could not get the same level labor remuneration that full-time employees get, this will make the labor dispatch worker’s rights hurt.From the establishment of the status quo of China’s dispatch system, the employment situation, the legislative status quo of view, we analyze practical problems exist in our dispatch system, such as:the problem of unequal wages; The unclear boundaries of "nature" make the dispatch workers are used for a long time; social benefits and rewards of dispatched workers are not protected; dispatch are unable to protect their legitimate rights and interests as well as the low establishment of standard of labor dispatch units and so on. In order to optimize our dispatch system, improve the status of the dispatch market, this article proposed some measures after referencing foreign labor dispatch system. For example, the government can add the "Labor Contract Law" content so that the dispatch system is more detailed and clear; introduce specialized legal for the labor dispatch system; make the boundaries of "nature" reasonable; As for the establishment of the dispatch unit, the government can take an administrative license system which will make the labor dispatch units be supervised and managed more effectively; Clarify the duties among labor dispatch units, employers and workers, what’s more, we must make sure that the law will be enforced strictly and make full use of the labor unions.In order to be able to make the labor dispatch have a better development, the law must make a clear and detailed provisions for it. Actively encourage the parties to abide by the law, to improve the enforcement of violations to be punished, only in this way can we create a healthy and orderly development area for it.
Keywords/Search Tags:Labor dispatch, legal responsibility, Countermeasures
PDF Full Text Request
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