The Research Of The Repatriation Of The Labor Dispatgh

The concrete conditions of the repatriation of the labor dispatching are described in the Labor Law of the People's Republic of China and the Interim Provisions on Labor Dispatch.The rules are legislated for protecting the rights and interests of workers and also work well.The author also chooses this topic from this perspective.However,scholars disagree on whether the concrete conditions of the repatriation of the labor dispatch should be formulated,or not.The views expressed by the scholars have been summarized into three categories in the article,namely,the legal repatriation theory,the agreement repatriation theory,and the arbitrary repatriation theory.The author tends to agree on the agreement repatriation theory,and states the reasons in the article.Although the current legislation has improved the repatriation system of the labor dispatch from many aspects,there are still many problems.The main problem is that there is no unified opinion for the effect of agreement repatriation circumstances.According to the empirical analysis of 452 cases,it is found that,in practice,there is a very common problem that the reasons for returning dispatched workers are concentrated on laborers' serious violation of the rules and regulations of employers,while the different understanding of the degree of "seriousness" will lead to different judgments.What's more,although the compensation of damages caused by the illegal repatriations are enacted in law,the scope and calculation criteria still need to be clarified.Also,it is not clear whether dispatched workers can request the restoration ofemployment.The main content of the article is to further analyze the problems existing in the repatriation system of the labor dispatch based on the status quo of China's labor dispatch repatriation system.Then,the author comes up with some suggestions for solving those existing problems by drawing on the relevant foreign laws and the views of outstanding judges.