The Research Of Several Issues On Labor Dispatch Legislation

The development of society is put forward by the hard working of myriads of laborers,but compared with enterprises,laborers are in a relatively weak position.Thereby,China has specifically set up a series of labor-related laws that are based on the Labor Contract Law,and the contents are basically focused on the protection of workers in order to achieve the power between enterprises and workers can be in a relative balance state.However,in the case of labor dispatching which is a new form of labor,due to the separation of employment,the dispatched workers are in the middle of labor dispatching companies and the labor using enterprises.This makes the realization of the related rights and interests are more complicated than that of the other ordinary workers,and their legal rights are more likely to be violated than that of other ordinary workers.Therefore,it is necessary to protect the rights of the dispatched workers in an all-round way.In order to achieve this goal,it is indispensable to study the problems in the labor dispatching system and perfect the relevant legislative provisions.This paper studies the concept of labor dispatch system,its contents and the existing problems of China's labor dispatching system by comparative analysis,case analysis and literature research methods,and then puts forward some opinions for perfecting China's labor dispatching system.The first part of this paper is an overview of labor dispatching.This part begins with the specific connotation and classification of labor dispatching,then analyzes its meaning by referring to the theory of each party,and defines the connotation of labor dispatching and interpret its classification,secondly,through analyzing the economic and system background of labor dispatching system then discussing the original legislating intention of labor dispatching system in order to summarize the fundamental causes of labor dispatching and the fundamental purpose of national legislation.Thus,it will lay the theoretical basis for the existing problems in labor dispatching and the ways for its improvement.The second part is to discuss the establishment of labor dispatching companies.First of all,analyzing the current legislation disadvantages on the establishment of labor dispatching companies,followed by the comparison of extraterritorial provisions and the analysis of its significance for reference to put forward the ways on how to improve the relevant provisions of China,and the last is giving opinions on 3 aspects to to to improve the legal provisions on the establishment of labor dispatching companies in China.And the opinions are as following,First of all,the types of the labor dispatching companies should be subdivided.Secondly,the access conditions of labor dispatching companies should be enhance and the third one is to establish the risk margin system.The third part of this paper is to discuss the scope of application of China's labor dispatching.At the same time,it will also analyze the legislative deficiencies and the extraterritorial rules in order to elucidate how to perfect the relevant regulations in China.Secondly,put forward the 3 means of clarifying the application scope of the labor dispatching industry,establishing the dispatching and filing system and the annual audit system,and perfecting the punishment mechanism of illegal application of labor dispatching in order to perfect the scope of application of labor dispatching system in our country.The last part of this article is to discuss the issue of equal pay for equal work in labor dispatching.After analyzing the disadvantages of legislation on equal pay for equal work under the system of dispatching labor in China and the significance of discussing the relevant provisions of extraterritoriality,the author proposes to refine the labor remuneration,unequal pay responsibilities and give the corresponding rights to trade unions in order to strengthen the supervision and management of these three ways to improve the labor dispatching system under the relevant provisions of equal pay for equal work.The innovation of this paper lies in the analysis of the specific meaning and classification of labor dispatching.By analyzing the three aspects of the main problems of China's labor dispatching system,then comparing the extraterritorial regulations and considering the original intention of our legislation,the actual situation and other aspects to discuss how the problem from the three aspects of the labor dispatch system to improve in order to achieve the development of China's law with my pygmy effort.