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On The Protection Of The Rights Of Labor Dispatch Workers In China

Posted on:2021-01-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y R GaoFull Text:PDF
GTID:2427330629988349Subject:Law
Abstract/Summary:PDF Full Text Request
The labor dispatch behavior adjusts is the labor dispatch organization and the labor dispatch worker relations,the dispatch organization is equivalent to the intermediary organization has the obligation to be responsible to the laborer,gives the laborer in the employment unit's salary reward after oneself draws a small part to give the laborer.Labor dispatch is a new type of employment popular among enterprises in recent years.The labor force used in this way is different from that in the past.The employer and the user are not the same enterprise: the sending organization employs workers,the labor contract is signed with the workers,but the employed workers can not be used directly;the employer can use the employed workers directly,but the law It is stipulated that employment units can not sign labor contracts with workers.Labor dispatch is the main body of the market in order to adapt to the development of market economy,it has flexibility,can adapt to the needs of enterprise production and management,but also provides a good platform for workers.Labor dispatch does not have to stick to the boundaries of the region and industry,in different regions and even different industries can use this flexible way of employment.With the prevalence of labor dispatch system in China,legislators have also seen some of its problems,the relevant legislative organs have issued a series of labor laws and regulations,which can not only effectively regulate labor dispatch,It also provides legal support for labor dispatch,and gives labor dispatch workers great protection in law.It is divided into four parts:The first part gives an overview of the concept,current situation and tripartite legal relationship of labor dispatch,discusses the theoretical basis,legal basis and legal orientation of labor dispatch organization,investigates and analyzes the current background of labor dispatch industry,emphatically analyzes the legal relationship between labor dispatch tripartite,and introduces it from three aspects.In the labor dispatch relationship,the two are connected by the middle of the dispatch unit,but the employer does not bear any responsibility to the laborer,and the scope of the responsibility of the employer must be analyzed concretely.The second part analyzes the present situation of labor dispatch workers' basic rights,briefly introduces the contents of labor dispatch workers' basic rights,andintroduces the problems of labor dispatch from the aspects of law and implementation.The lack of protection of the basic rights of labor dispatch workers is mainly reflected in the lack of equal pay protection for equal work,the difficult realization of the right of association,the lack of protection of the right to occupational safety,and so on.The third part analyzes the protection of rights from many angles,and explains why the rights of dispatched workers are not well protected from eight specific points,which lays the foundation for the fourth part.The fourth part is the last part of this paper,according to the content of the third part,from the deepening of the reform of state-owned enterprises,workers improve their own quality,establish a harmonious atmosphere of co-negotiation and co-quantity,administrative law enforcement departments more supervision,the division of tripartite responsibilities and other different levels of countermeasures and suggestions..
Keywords/Search Tags:Labor dispatch, Labour contract law, Rights and interests of labour dispatche
PDF Full Text Request
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