Study On The Protection Of Labor Service Rights And Intersets In China

Labor dispatch as a new form of employment is different from the traditional employment model,the current labor market in China occupies an important position,because the labor dispatch of their own flexibility and can bring a wide range of choices for enterprise employment,so much favored by the enterprises.China's legislation in the "Labor Contract Law" for the first time set out the system,established the status of labor dispatch in our country,with the legislation continues to improve,"Labor Contract Law"amendment,"Provision of Provisional Provision for Labor" in a certain extent Therefore,in the real labor market,the employer is infringed by the lawful rights and interests of the dispatched workers,which not only affects the stable development of the enterprise,but also because of the fact that the labor dispatch system is not perfect,But also affect the development of labor dispatch in China,even worse will affect China's labor market and social stability.Based on the purpose of protecting the legitimate rights and interests of the dispatched laborers in our country,this paper gives an overview of the definition and characteristics of labor dispatching,gives a brief explanation of the equal pay for equal pay for labor dispatch,and makes a brief analysis of labor dispatch and labor outsourcing.The current status of the legislation,the following reasons for the analysis of the problem,the legislative recommendations to lay the theoretical basis.Secondly,the main reason for the infringement of the rights and interests of the laborers in China is analyzed by introducing the case,which is mainly caused by the problem of "false outsourcing and dispatch".The labor market is oversupply and obstruct the establishment and operation of the equal pay mechanism The dualization system seriously hinders the realization of the equal pay for equal work in our country.The provisions of laws and regulations do not specifically lead to the flood of equal pay for equal work,and the despair of equal pay for equal work under the social and economic system.Finally,according to the analysis of the above reasons,draw lessons from the specific and operable stipulations of other enterprises to send labor dispatch,the author draws the inspiration to protect the rights and interests of the dispatched laborers in our country,and draws lessons from the inspiration for our laborers The protection of rights and interests of the relevant countermeasures and improve the legislative proposals,mainly to improve the "false outsourcing,really dispatch" identification and regulatory mechanisms,the implementation of the dual system of compensation system,the implementation of the unit within the implementation of remuneration,transparency,Strengthen the legal consciousness of the dispatched workers themselves.