Study Of Return System In Labor Dispatch

Labor dispatch is not a standard employment model as the separation of employment and use.A standard employment model involves only two parts,employer and worker,while labor dispatch involves three parts,employer,worker dispatched and accepting entity.A complicated relat ionship exists among the three parts in labor dispatch.Therefore,it is of great signif icance in identifying t he most important aspects which are return by accepting entity and unilateral dissolut ion by employer in labor dispatch.Currently,labor dispatch is booming in China,and even has the tendency to replace the standard employment model.At the same time,disputes are also increasing with the booming of labor dispatching.Under this circumstance,more c omprehensive laws are needed to regularize labor dispatch.In terms of the return in labor dispatch,conditions of the return by accepting entity are excessive regulated,and are not cleared stated in legal provisions in China.The flexible features of labor dispatch are ignored,and the processes of return by accepting entity and unilateral dissolut ion by employer are mixed in the same legal provisions.As a result,the ambiguity exist in the returning conditions,while processes of return by accepting entity and unilateral dissolut ion by employer are mixed,which may lead to the infringements of workers' interests by employer and accepting entity.We could conclude that labor dispatch is not well developing in China.145 second instance cases in China about returning disputes in labor dispatch were firstly collected in this paper.Then empirical research method was adapted to analyze these cases from the perspectives of state claims,i.e.,illegal termination of labor contract compensation,reinstatement of labor relat ions and employment,accepting entity's legitimacy of returning condition,and return in special periods.At last,some suggestions were proposed to perfect the legal provis ions in China about return system in labor dispatch.