Analysis On The Legal Regulation Of Labor Dispatching In China

In our country,the development of the labor dispatching is still receiving both praise and blame.On one hand,labor dispatching has its own advantages,which can not only promote the employment of laborers,but also facilitate the flexible employment of enterprises.On the other hand,due to the lack of current legislation,there are many problems such as unclear employer responsibility and insufficiently carrying out the principle of equal pay for equal work.In the face of the problems,China has issued a series of laws and regulations,and the legislators have adopted a strict regulation attitude.From the "Labor Contract Law" in 2008 to "Interim Provisions on Labor Dispatch" in 2014,some achievements have been made,but the problems cannot be solved effectively.Meanwhile,new problems have emerged.First,China's legitimate rights and interests of the dispatched workers can not get effective protection,and phenomena that the rights and interests of workers have been destroyed have occurred frequently,which is called "false outsourcing,but true dispatching”;in addition,the legal provisions are fuzzy in the" equal pay for equal work.Lack of some provisions even allows enterprises to slip through.In order to solve the predicament of labor dispatching in China,based on the theory of labor dispatching and jurisprudence,this paper discusses the legal regulation of labor dispatching in China.The first part is the theoretical support of labor dispatching and the analysis of its legal regulation.First of all,the concept,classification and characteristics of labor dispatch are expounded in order to prepare the theory for the later analysis.Secondly,from the two angles of employment group and employment unit,the rationality of labor dispatch is analyzed.Thirdly,it analyzes the reasons for the choice of legal rules and regulations,based on the theory of jurisprudence,and explains the legitimacy of the legal regulation of labor dispatching from three angles: the protection of freedom,the balance of interest demand,and the maintenance of social order.The second part,is about the status and analysis of the legal regulation of labor dispatching in China.This part analyzes the legislation situation of China's labor dispatching mainly from the state and the local level,legislators' attitude towards regulation of labor dispatching,and now China's labor dispatching problems.For example,because of strict regulation attitude,enterprise attempt to evade legal responsibility in the form of outsourcing,causing the emergence of the "false outsourcing,but true dispatching" phenomenon;because of the ambiguity of legalprovisions,the principle of equal pay for equal work cannot be carried out effectively.The third part is talking about the legal regulation of extraterritorial labor dispatching services.Taking Germany,Japan and the United States as the main line of labor dispatching,we comb out the measures of various countries in terms of scopes of application,employers' responsibilities,laborers' rights and protection.Through combing the legal regulation of overseas labor dispatching,the advantages of the labor dispatching law regulation in China can be summarized,so as to pave the way for the fourth part of this paper.The fourth part puts forward some suggestions on perfecting the legal regulation of labor dispatching in China.This section clarifies two aspects.The first level is to make laws which release the strict regulations.This paper argues that China should take an eased attitude toward legislation of the labor dispatching,and should view deregulation as the main direction to establish a special "labor law".Of course,the formulation of specific laws call for gradual and orderly progress;the second level is about specific suggestions on the the existing problems in labor dispatching,including classification of labor dispatching and expectations of equal pay for equal work.