Research On The Improvement Of The Legal System Of Labor Dispatch In China

Labor dispatch is a kind of special form of labor,which comes into being when the traditional labor form can not meet the needs of the market.Its appearance embodies the new division of labor under the knowledge economy,which indicates the development of human resource management and technical progress.With the development of our country's economy,the development trend of the labor dispatch has been in a state of rapid development,but also exposed many problems.There are some problems such as low standard of market access,no specific classification of labor dispatch,unclear liability for tort,and lack of protection of rights and interests of dispatched workers abroad.The labor contract law,which was implemented in 2008,has a detailed regulation on labor dispatching.The labor contract law of the People's Republic of China was revised in 2012,and the main aspect of the revision was the labor dispatch.After that,it has promulgated the administrative measures for the administration of labor dispatch and the Interim Provisions on labor dispatch.From this we can see that the labor dispatch legal system has undergone constant reform and adjustment,but there are still many problems unsolved in the criterion,based on the theory,so the legislation of labor dispatching field will give sustained attention.The reasons for these problems are various,but the fundamental reason lies in the loss of the value orientation of the relevant legislation and the lack of the institutional system.Therefore,China should learn from the experience of the developed countries in the world to strengthen the legislation of labor dispatch.This paper consists of four parts.The first part of the general theory of labor dispatch are summarized,mainly discussed the types of labor dispatch of the origin and concept of historical development,labor dispatch and characteristics of labor dispatch,the three clearance dispatch of the basic theoretical issues.The second part is the current situation and problems of the legal system of labor dispatch in China,after analyzing the current legal system of labor dispatch,it points out the shortage of labor dispatch legislation.The third part is the foreign countries on the labor dispatch legislation and the enlightenment to our country,mainly analyzes the United States,Japan and other countries of the labor dispatch legislation status,and analyzes the dispatch legislation reference to our country of foreign labor.In the last part,the author puts forward some suggestions on perfecting the legislation of labor dispatch system in China.Although the dispatch is a supplementary form of employment,but it is beneficial to simplify the management process,reduce labor disputes,risks and responsibilities,reduce cost,flexible employment,standardize the employment behavior of the advantages,so as to promote the further development of the labor market.Therefore,perfecting the labor dispatch system in China,the regulation of legislation level,not only conducive to the norms of operation,labor dispatch market to fully protect the rights of dispatched workers,it plays a positive role in promoting standardized operation of the labor market.