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Comparative Study On Labor Dispatching System Between China And Japan

Posted on:2018-12-30Degree:MasterType:Thesis
Country:ChinaCandidate:X N SunFull Text:PDF
GTID:2346330512499119Subject:legal
Abstract/Summary:PDF Full Text Request
Labor dispatch is a kind of flexible employment in modern labor market. It has the main characteristic that takes the three sides of the main body and the separation of hiring and employment,and serves as temporary, auxiliary and alternative jobs in our enterprises. However, in recent years, China's labor dispatch has formed into a state of extraordinary development. In order to solve the problem, the state has increased the intensity, and has introduced the Labor Contract Law, the Administrative Licensing of Labor Dispatch Approach,the Interim Provisions of Labor Dispatch and a series of laws and regulations on the dispatch of industry governance. Our neighbor, Japan's labor dispatch system has obtained a more perfect development. Relevant laws carries on the adjustment of the labor dispatch business from double angles of the right-obligation relationship and the market operation rules with mature regulations in the application field of the labor dispatch, supervision and management of the industry and the labor dispatch occupation protection. China should compare the related laws of labor dispatch in with the laws of Japan and learn from each other. We can refer to and introduce the system with the feasibility of Japan, so as to improve the level of China's labor dispatch legislation and solve social problems.In the specific system improvement, the author thinks that three aspects should proceed to improve China's labor dispatch: from the dispatch applicable point of view,the personality evaluation standard should be added to the industry access conditions in order to further purify the labor dispatch industry environment. It is necessary to set up a catalogue of prohibited industries in the form of reverse enumeration, and adjust the proportion of the "10%" by the scientific adjustment, so as to adapt to the market and activate the market. At the same time,the login for dispatch system should be introduced, more scattered employment should be combined into the protection scope of Labor Dispatch Law in the industry; from the point of supervision, the renew times and total duration time of the labor dispatch should be limited with the specification of formal workers boundaries. At the same time, our country should pay attention to the legal regulation and its serious punishment of illegal labor dispatch; from the perspective of occupation protection of workers, our country should pass legislation to establish a positive identity system, clarify duty occupation training, and define the occupation stability and development rights of respect and protection of dispatched workers as the priority in the development of labor dispatch. It is necessary to establish trade unions in the labor dispatch industry in various regions, and give full play to its role of supervision and coordination to ensure the legitimate rights and interests of dispatched workers. Because the natural desire conflict of elasticity of demand and the stability of the enterprise workers, the design of labor dispatch system is very difficult. The legislation is not utopian and hypothesis from the study but should be a practical process that can check the missing trap and contribute to solve the contradictions. The author believes that China should always concern about the related social problems to labor dispatch, maintain long-lasting governance and adjustment and gradually forms the labor dispatch legal system that fits the situation of our country most on the basis of legislative experience of developed countries such as Japan with the method that the found problems should be to solved at any time.
Keywords/Search Tags:Labor dispatch, Login dispatch, Industry supervision, Occupational security measures
PDF Full Text Request
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