Law Study On The Protection Of The Rights And Interests Of Dispatched Labors

Labor dispatch is a typical representative of non-traditional labor employment relations,labor dispatch first appeared in the United States,and then slowly developed in europe.In the late twentieth Century,labor dispatch developed rapidly in Europe,meanwhile,China began to involve in labor dispatch industry.Nearly 20 years of China's labor dispatch industry to rapid development from generation,because the number of China's labor dispatch this huge,cost saving,labor flexibility has a positive effect on China's employment,to a certain extent to solve the difficult problem of employment.But the system in the implementation process there have been many problems,such as:shorter working hours lead to labor relations are not stable;the employer responsibility is not clear to the dispatched workers without strong guarantee in labor health and safety,because of the realization of the rights and interests of the dispatched workers has double dependence,so it is easy to appear between the dispatch of units and units with mutual shirk responsibility for the situation;because of the time energy and money was sent to remedy the dispatched workers will spend a lot of complex,some relatively poor workers can easily give up their rights and other issues.Therefore,in order to better safeguard the legitimate rights and interests of dispatched laborers,to realize social fairness and stability,to study and improve the regulation of our country labor dispatch of labor rights protection system in the way to send.The structure of this thesis is divided into five parts:introduction as the beginning of this thesis,mainly from the research background,content,method,purpose and significance and research status at home and abroad as well as the innovation and deficiency of this paper to elaborate the.Based on the characteristics and concepts of the rights and interests of dispatched workers and the characteristics of their rights and interests,namely "fragility and duality",this paper leads to the second part of this article,the related rights and interests of dispatched workers.The next part is the deficiency of the legal system protecting the rights and interests of the dispatched workers in our country.China's labor dispatch industry has developed rapidly in recent years,and many thorny problems appear frequently in china.From the lack of equal pay system protection and stable labor relations system is not in place,health security,labor union organization and participation and the exercise of remedies for these five aspects to the third part,is the priority among priorities.An analysis is made on the system that causes the rights and interests of dispatched workers to be damaged in our congress.In the last part,the fourth part of the full text is drawn out.The legal provisions concerning the rights of dispatched workers are protected abroad.China should draw lessons from these regulations.This section mainly explains the regulations of labor dispatch in three countries of the United States,Germany and japan.Through the analysis and introduction of these regulations,we should learn from other countries and learn from foreign experience to perfect our labor dispatch system.The fifth part,the measures to improve the legal system of the rights and interests of dispatched workers.Through the third part of the proposed deficiencies,the author put forward opinions to improve the relevant protection system.The research methods of this paper are the following three points:first,literature analysis,search and reading relevant literature,find related materials should be put to call the topic,research purpose and significance of the topic from the perspective of subjective and objective grasp;second comparative analysis,is a comparative analysis of other countries of the dispatched workers legal rights protection the legal system,obtained by analysis and comparison of beneficial suggestions according to the situation of our country;third empirical analysis method,based on the existing social phenomenon and legislative analysis,analysis of the lack of legislation,to perfect,give their own suggestions.The innovation of this paper is reflected in the following fifth aspects:first,establish an effective long-term specialized regulatory agency in the cooperation between the dispatched units and the employer.In order to supervise the dispatch of labor services,the units and the employers should be bound to urge them to fulfill their respective obligations,and to share the supervision tasks of the original labor administrative organs,so as to avoid the complexity.Second,sign the three party agreement.Let a dispatched employee involved in the dispatch agreement,especially the dispatched workers can be related to their own interests in the labor remuneration,social welfare,health and safety suggestions for the dispatch unit and the employer reference.