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Research On The Application Of Law In Labor Dispatch In China

Posted on:2018-05-25Degree:MasterType:Thesis
Country:ChinaCandidate:M HuangFull Text:PDF
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China's labor dispatch,as a special mode of employment,plays an important role in the market.It has formed a complex legal relationship with labor dispatch in actual employment,and has the characteristics of separation of labor employment from employment.,There is labor does not matter "special form.This dissertation,based on the qualitative analysis of labor dispatching,proves that labor dispatch is a kind of legal fictional relationship,which reflects the principle of double operation of legal relationship.At the same time,it also points out that due to the complicated legal relationship of labor dispatch,a series of legal dilemmas appeared in practice,such as the difficult dilemma of geographical jurisdiction,the dilemma of the status of the subject of litigation and the subject of arbitration,the irregular legal qualification of the sending unit,The issue of the operation of equal pay for equal work and the division of responsibilities between the employer and the sending agency are unreasonable.And for the issue of appeal,put forward the procedural and substantive aspects of the improvement,in the process of this article proposed the introduction of a special amount of labor dispatch procedures to differentiate the application of the general labor relations process,according to different litigation request the triple legal relationship appropriate Differentiate and merge the jurisdiction and improve the connection between court and arbitration.In the aspect of entity,this paper suggests that the qualification of labor dispatch unit should be strictly regulated.In addition to the requirement of capital,the qualification of practitioners can be borrowed from other countries for reference.For the issue of equal pay for equal work,This article also put forward operational recommendations of which the most prominent is that the proposed unit of labor paid directly without having to let the employer to pay remuneration for the employer and the division of responsibilities between the employer and the employer should be recommended through the joint and several liability Applicable,and will cause damage to workers due to the application of general fault and other legal provisions and not limited to "Labor Law" and "Labor Contract Law"Through the above-mentioned problems raised and put forward the solution to the problem in order to improve China's labor dispatch system?...
Keywords/Search Tags:labor dispatch, area jurisdiction, dominant role, equal pay for equal work, liability regulation
PDF Full Text Request
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