"Really Send Fake Outsourcing" Determination And Risk Prevention

With the further improvement of labor dispatch by law,the form of labor dispatch is more strictly limited.Some enterprises have resorted to improper labor outsourcing in order to circumvent the legal risks of dispatching labor.This type of labor outsourcing is usually done to circumvent the mandatory provisions of the law and is not justified.It is essentially borrowed from the name of labor outsourcing to achieve the purpose of circumventing the legal risk of labor dispatch,that is,"false outsourcing package dispatch".This approach to labor outsourcing in China is currently the lack of appropriate legislative regulation,leading to improper labor dispatch,unfair labor outsourcing phenomenon of the proliferation.This paper argues that both "command supervision" and "business independence" should be adopted to identify labor dispatch and labor outsourcing.For some vague areas to consider giving the employer a certain degree of procedural management authority,and can refer to the real subject of the theory to analyze and deal with.Finally,we hope that through the legislative model will be included in the scope of legal services outsourcing,and at the same time take a series of measures to circumvent the "false outsourcing package" employment risk.