The Study On Legal Questions Of The Camouflage Contracting Phenomenon In The Labor Process

At the end of 2012,the NPC Standing Committee amended the labor contract law.In order to enhance the operability of the law,Ministry of Human Resources and Social Security promulgated the “Interim Provisions on Labor Dispatch” on March 1,2014.These new laws and regulations made illegal living space in the implementation of labor dispatch further compression,In practice,some enterprises adopt the method of "camouflage contracting" in the labor process to deal with the inspection of the proportion of labor dispatching by the labor administrative department.Because there is no clear and systematic legal regulation of the problem of outsourcing and contracting mode in China.It is difficult to guarantee the legal rights and interests of laborers in outsourcing and contracting.This article is based on the current labor dispatching and "camouflage contracting" phenomenon,used the method of literature analysis,comparative analysis,summarizing,analyzed the challenges brought by the phenomenon of “camouflage contracting” in the process of labor employment to the legal supervision and protection of workers' rights and interests.On this basis,the article puts forward the legislation,judicial practice in need of improvement.In the author's opinion,the motivation for enterprises to choose the employment model of “camouflage contracting” is that there is no definite differentiation criteria for outsourcing,contracting and labor dispatch,and relevant regulatory measures are not perfect.Based on the combination of Japan and other countries' experience in theory and practice on the legal regulation of the phenomenon of "camouflage contracting",the article puts forward some suggestions of the system construction.For example,it is necessary to clarify the definition standards of "disguised contracting",establish the legal system of labor related to outsourcing and contracting,and strengthen the legal guidance of labor administrative departments.