The Deviation And Correction Of China's Laboor Dispatching Legislation

Compared with the traditional forms of labor,labor dispatch is an atypical form of employment,which is more flexible.Its main distinction from standard forms of labor is that,the employer of labor and the user of labor is separated.Therefore,the dispatch of labor to the labor law system established on the basis of traditional forms of employment has brought great shocks and challenges,and is a new problem that needs to be resolved in labor legislation of countries around the world,including China.From a global perspective,labor dispatch in many Western countries is experiencing or has undergone a transition from initial restrictions to gradual deregulation.However,in the continuous adjustment and improvement of a series of formal institutionalization such as the first entry of the Labor Contract Law into the formulation of amendments and the Provisional Regulations on Labor Dispatch,China's labor dispatch faces the dilemma of lack of legal regulation.There are more and more labor dispatches that lead to irregularities in the real world.The use of labor dispatch to infringe upon the legitimate rights and interests of dispatched workers is serious.The author believes that the reason for the failure of the legal regulation of labor dispatch in China is not the labor dispatch itself,but the deviation of the regulation strategy and means,and the labor dispatch legislation has an imbalance between regulation and relaxation.On the one hand,the lack of control over labor dispatching legislation is mainly reflected in the fact that the entry threshold for labor dispatch is low,the definition of“three principles”for the scope of labor dispatch is relatively vague,and the principle of equal pay for equal work is difficult to implement,and the employer liability system is difficult.There are defects,etc.On the other hand,the existing law imposes rigid provisions on the proportion of labor dispatched labor,which limits the time limit for dispatched laborers.These regulations are also suspected of being offside.The failure of the legal regulation of labor dispatch led to the abnormal prosperity of labor dispatch.Therefore,in order to better promote the healthy development of labor dispatch,we need to find a balance between regulation and relaxation in regulating labor dispatch.We can learn from the advanced practices of foreign countries to improve the relevant systems.First,we should strengthen the control of labor dispatch.In addition to the need to improve the entry barriers of dispatching agencies,we need to strengthen the punitive damages system and improve the system of returning workers to employers.The employer's liability system and related supporting systems shall reasonably standardize the scope of application of labor dispatch,implement equal pay for equal work,and secondly,relax the scope and proportion of restrictions,cancel the requirements for the conclusion of labor contracts for more than two years,and improve the development of labor dispatch better.