Research On Reverse Labor Dispatch

In recent years,labor dispatch in China presents a "abnormal prosperity" of the scene,and reverse labor dispatch is "abnormal prosperity" one of the manifestations of the phenomenon,the practice of which the general performance of the employer units in the labor contract expires Or early termination of labor contracts,the instructed workers and labor dispatch agencies to sign a contract,and then sent back by the labor service agencies to continue to work the unit,which some scholars have called "false dispatch." Many enterprises use reverse labor dispatch based on circumventing their own responsibilities and reducing labor costs.On the one hand,they seriously damage the economic interests and labor rights of the workers being dispatched.On the other hand,they also laid a potential risk to the enterprises.Sustainable development.However,at present,there are few legal regulations and other supporting systems for reverse labor dispatching in China,and there is no effective administrative supervision mechanism,which makes the reverse labor dispatching phenomenon more and more "evolutionary".There are some new forms,Such as through the form of outsourcing workers to return to the unit to continue to work,and this phenomenon has to the executive authorities and some institutions of the proliferation of signs.Therefore,through the study of reverse labor dispatching,analysis of the root causes of its emergence,provide effective solutions,which is to protect the rights of workers has its positive significance.This paper analyzes the concepts,characteristics,types and effectiveness of reverse labor dispatching from the definition of reverse labor dispatching and summarizes them,and studies the related cases to find out the root cause and problems in the actual referee,Analyzes the attitudes of the current judicial practice to the reverse labor dispatching,and finally puts forward some thoughts on the regulation of reverse labor dispatch.In addition to the introduction and conclusion,this paper is divided into four parts:The first part is a systematic exposition of reverse labor dispatch.The reverse labor dispatch from the meaning,characteristics,type,effectiveness of four aspects to analyze a comprehensive and systematic manner to clarify the form of reverse labor dispatch employment,and other illegal employment to distinguish between ways to reveal the reverse labor dispatch this employment Nature,for the following study pave the way.In the second part,from the present situation of our country and local legislation,we make a detailed analysis of the defects of the system of dispatching employer responsibility.Although China has issued a number of laws and regulations to regulate the dispatch of labor,but in the distribution of its employer responsibility there are still many shortcomings.In the third part,the author investigates the labor dispatching system in Germany,Japan,Taiwan and the common law system countries of the continental legal system countries,studies the specific distribution system of their employers' liability,The Beneficial Revelation of Employer 's Responsibility Allocation System in China.In the last part,the author first clarifies the three basic values of system design,balancing the dispatching companies and dispatching the interests of the organizations and maintaining the order of dispatching the labor before devising specific labor dispatch system of employer responsibility distribution.On this basis,in view of our country labor dispatch employer responsibility distribution system various deficiencies to propose the concrete consummation opinion.This paper discusses the distribution of employers' liability and the distribution of employers' liability in the case of dispatch workers' infringement by means of "scoping-order-internal-recovery",and finally realizing the overall responsibility of employers in this field.distribution.