Study On The Non-Competition Of The Labor Dispatching

The latest revision of “PRC Labor Contract Law” and “Interim Provisions on Labor Dispatch” and labor laws and regulations issued by local governments have solved some problems in the labor law of our country for a long time.But some provisions on the labor dispatch are still very principled.There is still a lot of loopholes in the non-competition of the labor dispatch.There are three kinds of legal relations in the labor dispatch:the labor dispatch relation between the labor dispatch service provider and the employer;the labor relation between the labor dispatch service provider and the dispatched workers;the labor service relation between the employer and the dispatched workers.There are some defects in the law in the non-competition of the labor dispatch.According to the current non-competition of the labor dispatch,the article analyzes the non-competition agreement between any two subjects in the labor dispatch relations is valid or not and the impacts and remedy measures to the third subject,propose a solution to the legislation andpractice combined with foreign legislation and judicial practice.The first part analyzes the particularity of the non-competition in the labor dispatch and the problems in our country.The second part analyzes the rationality and legality of the non-competition agreement between each pair of the subjects,especially between the employer and the dispatched workers.The third part puts forward the solution on the combination of foreign legislation and judicial practice.