| Labor dispatch first appeared in the capitalist countries of the United States,then spread to France,Germany,Japan,was introduced to China in the late 1970 s.At present,there are a large number of labor dispatch system employees in many enterprises in our country.Although the state intends to control the scale and quantity of labor dispatch through legislation in recent years,there is still a lot of room for the development of labor dispatch market under the situation of vigorously supporting and encouraging the development of small and medium-sized enterprises in our country.Labor dispatch as a non-mainstream form of labor,coupled with China's laws and regulations governing this field are very limited,there are many problems in this field.In the current context of rapid development,more and more problems are exposed.These problems are mainly reflected in the main body of the tripartite relationship of labor dispatch,which is manifested in the general lack of economy in labor dispatch agencies.The problems of unclear business qualification and status,abuse of labor dispatch by dispatching and employing units,lack of protection of workers' rights,and the phenomenon of unequal pay for equal work is very serious,which urgently needs to be further regulated.Based on the study of the basic theory of labor dispatch,the relationship between labor dispatch and several similar forms of labor,and the three legal relations of labor dispatch,this paper analyses the current legislative situation and existing problems of labor dispatch in China,and puts forward some suggestions on how to improve the legal system of labor dispatch in China,that is,to further clarify the rights,obligations and legal responsibilities of labor dispatch units and employers.In order to protect the legitimate rights and interests of workers,we should refine the scope of labor dispatch,clarify the duration of labor dispatch,optimize the labor dispute resolution mechanism,and improve the supervision mechanism. |
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