The Legal Research Of The Protection Of The Rights And Interests Of Dispatched Laborers In Our Country

Labor dispatch is a new type of labor mode, which changes the legal status of the employer and the employee in the traditional labor relationship. As a new type of laboring,labor dispatching develops rapidly in our country in recent years. Labor dispatching system is showing its advantage and easing the employment pressure to a certain degree although started late in our country. Compared with traditional laboring modes,it has its special features because it involves three parties,namely,dispatching units,labor-using units and the dispatched laborers.In the dispatching activity,the dispatched workers are employed by the dispatching unit.yet work at the labor-using unit.The latter has the authority of directing and managing the dispatched workers.The separation of “employing” and “using” puts the dispatched workers at the weak end of relationship.Therefore,the right protection of the dispatched workers has its peculiarity and difficulty.2008,our country promulgated the labor contract law, the labor dispatch has carried on the preliminary regulation for the traditional labor relationship. In the contents of labor contract law amendment in 2013,the labor dispatch section has been greatly modified,it is a great progress in the labor dispatch legislation. Some blank place began has a legal basis,some of the provisions is not clear place also to make the rules, It's very important for the healthy development of labors dispatching industry and protection of labor rights and interest.However there are two sides to everything,this revision has great progress and worthy of recognition,but we should pay close attention to the existence of defects,so as to improve in time,promote the next revision and legislation perfect. As for the existing legislation is concerned,there are some problems as follows: First, the threshold is set too low by the labor dispatch units.Second,responsibility between the dispatch unit and the employer is not clear, the scope of operation is not standardized.Third, the provisions of the protection of workers' rights and interests are too principled,and so on.The lack of the dispatched workers' rights and interests frequently suffer from the infringement and relief difficulties.Therefore,labor dispatch setting up the threshold strictly,clarifying responsibilities between the dispatch unit and the labor service unit and making the relevant provisions specific of laborers' rights and the interests in the refinement, has great significance for protecting the interests of workers and promote the perfection of legislationThis paper to protect by sent the legitimate rights and interests of workers for the purpose,how to strengthen the sent laborers' rights and interests protection the problem put forward one's own thinking and suggestions,in order to help the research of the dispatch and the dispatched labor rights protection.