The Research Of The Legal Regulation About The Placement Of Employees Of Labor Dispatch

Although labor dispatch appeared not a long history in our country,it is.developing very rapidly,especially since the "Labor Contract Law" was promulgated in 2008.The trend is that the labor dispatch is over developed in our country.Many problems caused by labor dispatch is already appeared before the promulgation of"Labor Contract Law",but really a lot of problems got more serious after the law was promulgated.So many scholars attribute these problems to the vague and ambiguous regulations in the "Labor Contract Law".And the most controversial scope is "three principles" of labor dispatch.Though the legislator make a further clarify of the "three principles",the situation of the abuse of labor dispatch has not been effectively curbed.So the controversy rolled on.The placement of employees of labor dispatch is considered has a direct relation to the abuse of labor dispatch,which also has a significant impact in the labor dispatch industry.The choice of wide or narrow placement of employees of the labour dispatch,is more directly reflecting the legislator's attitude to labour dispatch and labour dispatch legal mode.We can see something from the history of labor dispatch and related law.On the one hand,the legislator try to regulate labor dispatch by strict regulations constantly.On the other hand,the vague and ambiguous regulations about"three principles" reflect that the legislator loosen the regulation of labour dispatch.Obviously,it is the ambiguous attitude of the legislator leading to a lot of problems of the labor dispatch.We really need to do more research about how to improve the law.But if there is not a clear legal regulation mode,the relevant problems can't be sovled from the root.Learn from the developed model about labor dispatch and its scope of other coutries,combined with our own coutries' special circumstances,taking into account the balance of all interested parties,we believe that our country should first clear the overall "strict-relaxed" regulation mode.And at this stage,we should clear the strict regulation mode and then build a legal regulation system which centers on the regulation about the placement of employees of labor dispatch.The main sections of this paper is summarized as follows:The Introduction:By introduction of the extraordinary development situation in our country after the promulgation of "Labor Contract Law",we try to find the related reasons is that the "three principles" about the placement of employees of labor dispatch is very vague and ambiguous.Section One:First we describe the current situation of labor dispatch in our country,and then introduce and analyze the law about the "three principles" of the placement of employees of labor dispatch.We try to clarify our legal regulation mode about labor law by reviewing the establishment and progress history of "three principles".We note that there are some contradictions in our legal regulation mode.Section Two:In this section,we mainly analyse and rethink the promlems about the "three principles" of the placement of employees of labor dispatch,including vague legislation,non-operational issues.And we also point out the law enforcement question and some other problems.We predict that the new law will bring new problems.Section Three:In order to get some references,we introduce other countries' (regions') labor dispatch conditions,from the perspective of the development of legislation and labor dipatch practices,especially America,Germany,Japan and TaiWan Provice of our country.Section Four:We advise that our country should first clear the overall regulation mode.At this stage,we should clear the strict regulation mode,and then build a legal regulation system which centers on the regulation about the placement of employees of labor dispatch.We alsp propose some recommendations about how to complete the law and supporting measures.