Research On The Application Scope Of Labor Dispatch

As a supplementary form of labor,labor dispatch is generally used in short-term flexible jobs.However,there are a large number of cases of wanton violation of the “three natures”posts of labor dispatch and the proportion of labor to use labor dispatch in our country.And,although the Labor Contract Law(Amendment)has further improved the relevant provisions of the applicable scope of labor dispatch,there are still some defects.Aimed at the present situation of “supernormal” development of labor dispatch,this article is divided into four parts: the current legislation and judicial status of the applicable scope of labor dispatch in our country,the regulations of the applicable scope of labor dispatch in other countries or regions,and the defects and perfection of the relevant regulations in the applicable scope of labor dispatch in our country.The first part: “combing the legislation and judicature of the applicable scope of labor dispatch”.This part combs the changes in the relevant legal provisions on the scope of application since the emergence of labor dispatch in our country primarily.A recent change in the law is to amend the Article 66 of the Labor Contract Law in 2012: stricter regulations have been adopted on the applicable scope.But this does not greatly ease the labor dispatch abuse situation,this can be confirmed in the relevant cases of the applicable scope of labor dispatch since the implementation of the amendment.Through the “Itslaw”,this article collects all relevant cases during the period from January 2015 to September 2017.After careful reading and analysis,this article has obtained 112 effective statistical samples,and summarized the different trial ideas and results of the court.The second part: “problems in the applicable scope of labor dispatch in our country”.On the basis of the first part,from these four aspects of the regulation thinking,the legislation,the judicature and the law enforcement of the applicable scope of labor dispatch to find problems.From the perspective of regulation,our legislators have been ambivalent about legislation for some reasons of economic development,laborer security and so on.Scholars also argue that strict regulation or deregulation should be applied to the scope of labor dispatch.This has led to the determination to restrict the scope of application of labor dispatch even in the legislation,but the relevant provisions are not clear,there are vague or even blank areas.This has also brought judicial confusion and slack law enforcement.The third part: “experience in the applicable scope of labor dispatch in other countries or regions”.In this part,Germany,Japan and Chinese Taiwan are chosen as examples,which are the same as the continental law system.Through the historical evolution of these legislation and the full appearance and evaluation of its causes,some enlightenments can be drawn for our legislation.For example,different regulations and policies should be adopted at different periods and circumstances,it is necessary to regulate the applicable scope of labor dispatch and limit it to the category of short-term flexible employment,the applicable scope of labor dispatch could be specified by enumerating provisions,the legal consequences of violation of the scope of dispatch should be clearly stipulated and so on.The last part: “perfecting the legal regulations of the applicable scope of labor dispatch in our country”.This part mainly discusses some suggestions on how to perfect the relevant regulations of the applicable scope of labor dispatch in our country: according to the development environment and development status of labor dispatch in our country,it is necessary to take a strict regulation position on the applicable scope of labor dispatch.And in this position,adhere to the limit of the “three natures” posts,and take the reverse list ways to restrict the range of labor dispatch,limit the term for the labor dispatch,and stipulate that the dispatched workers who have been used against the legal scope and time limit should be transferred to the employees of the employing units conditionally,at the same time,abolish the regulation of proportion.And within the scope of the law,we should uphold the authority and unity of judicial adjudication through judicial interpretation and guiding cases,and strengthen the enforcement supervision of the labor administrative department,so as to make strict laws strictly enforced.According to the actual situation of development in our country,formulating regulations of the applicable scope of labor dispatch in accordance with the current situation of our country,seeking the balance of flexibility and stability of labor relations in labor dispatch,safeguarding the legitimate rights and interests of dispatched workers and enterprises,and promoting the harmonious and stable development of labor dispatch industry.