On The Legislative Perfection Of The Labor Repatriation System

Under the background of economic globalization,the labor dispatch system originated from the United States has been widely established in various countries around the world.With the deepening of reform and opening up,labor dispatch has been developing in a super normal way and has become a widely used form of employment.abor dispatch return is a series of reverse process in which the dispatched laborers are returned to the dispatching units by the employing units and how the dispatching units deal with the dispatched laborers after the return.It is exactly this process that embodies the fundamental characteristics of the flexibility of labor dispatch,but it is exactly in conflict with the principle of maintaining stable labor relations and tending to protect the rights and interests of workers in China's legislation.Therefore,labor disputes are extremely fierce in the process of labor dispatch return.However,the legislation of labor dispatch return procedure in China is vague,ambiguous and blank,which results in the damage to the rights and interests of the dispatched workers.The main problem is whether the situation of labor dispatch return is strictly legal or can be agreed;Returning to the legislative blank of the procedure;The wage standard for the period during which the laborer is refunded;Determination of liability for illegal return and legal return;Labor rights relief and labor dispatching return and labor relations to resolve the distinction.The author mainly through the literature analysis and objective analysis to analyze the above problems and make corresponding Suggestions according to the current situation of our country.For example,to clarify the return of labor dispatch,it is required to be strictly statutory,perfect the legislation on return procedures,establish a review system,make a clear distinction between legal return and illegal return,and determine the wage standard according to the return situation*Meanwhile,it is necessary to improve the relief system for labor rights and grant laborers the right to request for the resumption of labor relations.In addition,the legal regulation of the labor dispatch return procedure should not be invariable,but should adapt to the development of China's labor market and labor quality.