Research On The Worker's Rights And Interests Protection Of Labor Dispatched In Our Country

With the development of Chinese socialist market economy,the traditional single form of employment can not solve the needs of modern enterprises,Therefore,the labor dispatch system came into being.As a new mode of employment,labor dispatch is relatively late in our country,but the development trend is very rapid,It relieves the employment pressure.Because of its flexible mode of employment characteristics,it brings convenience to the companies and save the cost of labor.At the same time,it promotes the dispatch agency prosperous.The emergence of labor dispatch has promoted economic development.However,if we use it unreasonably that will inevitably hinder economic development and harm the rights and interests of the dispatched workers.Chinese existing laws have contained the regulation of labor dispatch,but there are some deficiencies in the protection of the workers' legitimate rights and interests.In practice,the workers are in a weak position,at the same time companies just pursue the profits blind,it violated the labor law and harm the interests of workers.If we do not give the protection of workers in laws,it is difficult to workers against with the companies.In order to protect the legitimate rights and interests of the workers,we must strengthen and improve the existing laws.This paper is divided into four parts:The first part is about the theory of labor dispatch and its legal relationship.This paper expounds the concept and characteristics of labor dispatch,the comparison with the other legal concepts and the legal relationship of the three parties in the labor dispatch.Through these concepts to lead us understand the labor dispatch.The second part is the foreign legislative regulation about laborers' rights and interests in labor dispatch.It mainly introduces the American,Japanese,German,laws in labor dispatch,by drawing on foreign laws and regulations,to improve ours.The third part is about Chinese laws and disadvantages in labor dispatch.First of all,It introduces Chinese current law in the dispatched workers.then,Finding the problems of these laws.The fourth part is about how to improve the labor rights of Chinese labor dispatch.According to the problems in the third part,we can puts forward some concrete suggestions.It mainly includes improving the existing legislation,perfecting the judicial settlement mechanism of labor disputes and strengthening the administrative supervision.