Research On Legal Institutions Of The Protection Of The Rights And Interests Of Dispatched Workers In China

This article mainly studies the legal institutions of the protection of the rights and interests of the dispatched workers in China.On the basis of the deficiencies in the legislative level of the rights and interests protection of the dispatched workers in China,and the mature experience of the developed countries,such as Europe,America,Japan and other developed countries,the legislative proposals to improve the protection of the rights and interests of the dispatched workers in China are put forward.It is hoped that under the premise of protecting the legitimate rights and interests of the dispatched workers,we should give full play to the active role of labor dispatch,reduce the negative impact,and finally achieve the goal of the healthy development of the labor market.The full text is divided into four parts:The first part is the theoretical basis for the protection of the rights and interests of dispatched workers.This part begins with the definition of labor dispatch,and gives a brief description of its characteristics.Then,on the basis of the analysis of the legal relations of labor dispatch,the theory of employers' responsibility,which is closely related to the protection of the rights and interests of the dispatched workers,is carefully evaluated and qualitatively analyzed.This will lay a foundation for further in-depth study of the legal institutions for the protection of the rights and interests of dispatched workers in China.The second part discusses the legislative status and legislative deficiencies of the protection of the rights and interests of the dispatched workers.This part,starting with the legal norms of the protection of the rights and interests of the dispatched workers in China,expounds a series of concrete manifestations of the damage of the related rights and interests of the dispatched workers in reality,and emphatically analyzes the legislative reasons for the problems arising from these problems,and clarifies the efforts to improve the legalinstitutions of the protection of the rights and interests of the dispatched workers in our country.The third part is the legislative overview of the protection of the rights and interests of dispatched workers in overseas countries.This part makes a detailed analysis of the legal norms in Europe,America and Japan.From four dimensions,the market access of labor dispatch agencies,the scope of labor dispatch and employment,the mechanism of legal responsibility and the equal treatment of workers,the legal measures adopted by these countries in Europe,America and Japan are summarized to help our legislation.The fourth part puts forward a series of suggestions on protecting the rights and interests of the dispatched workers on the legislative level,aiming at the problem of the loss of rights and interests that the dispatched workers in China need to solve in the actual labor dispatch work nowadays.Legislative proposals include: improving the administrative licensing system for labor dispatch agencies;scientifically dividing the scope of employment for labor dispatch;protecting the specific rights and interests of the dispatched workers;by scientifically dividing employers' responsibilities and strengthening accountability measures,we can enhance the operability of China's labor dispatch legislation from many aspects,finally achieve the purpose of protecting the legitimate rights and interests of the dispatched workers.