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Research On The Legal Regulation Of Labor Dispatch In My Country's Banking Industry

Posted on:2019-12-28Degree:MasterType:Thesis
Country:ChinaCandidate:H C XiongFull Text:PDF
GTID:2437330548466747Subject:Civil and Commercial Law
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In today's society,the form of labor dispatch employment is widely used in many industries,including banking as a representative.In the long-term practice process,labor dispatch has gradually evolved into the banking financial institutions dominated by cheap labor means to circumvent labor laws and regulations,destroying the basis of labor dispatch,so that the legitimate rights and interests of workers or dispatched workers in a disadvantageous position.Therefore,through the banking industry this special industry background to reveal the abuse of labor dispatch status,analysis of the causes of labor dispatch abuse of labor dispatch legislation,law enforcement and banking corporate governance has a profound significance.In addition to the introduction,this paper is divided into five chapters In the first chapter,I first introduce the basic situation of domestic labor dispatch and banking labor dispatch,from large to small,highlight the current social labor dispatch forms are booming between the banking industry,become an indispensable means of employment.Secondly,through the particularity of the reasons for the large-scale use of dispatched workers in the banking industry,the phenomenon of abuse in the use of labor dispatch labor form is further clarified.In the second chapter,it mainly describes the status quo of the legal regulation of labor dispatch in China's banking industry.This chapter is divided into three sections,from foreign labor dispatch legal regulation,domestic labor dispatch legal regulation and micro to domestic banking labor dispatch legal regulation.This chapter cites some provisions of labor contract law,labor contract law amendment and interim provisions on labor dispatch,and describes the evolution and change of legal regulation on labor dispatch,especially in banking industry.In the third chapter,I list the main problems existing in the legal regulation of labor dispatch in banking industry,which are as follows:first,the definition of " three characteristics" of dispatch posts,especially the problem of excessive extension of "auxiliary,posts;The second is the unclear definition of the proportion of dispatched workers;Third,the issue of" reverse dispatch" in the legislative level is not clear legal or not;Fourth,the lag of the principle of equal pay for equal work in practice.The fourth chapter is the key of this paper,but also the empirical research and analysis part which needs to express the above four problems intuitively.In the form of a special chapter,I collected and established a large number of data and charts from the perspective of the employment form of bank a Xi 'an branch,compared with the two types of posts of customer manager and customer manager assistant,comprehensively analyzed the recruitment,management,resignation and welfare,and analyzed the employment legal issues of bank a accordingly.In the fifth chapter,I put forward about the way to solve the banking labor dispatch labor chaos,specifically from the perfect labor legislation regulation,strengthen the supervision of law enforcement and inspection,improve the corporate governance structure of three aspects of comprehensive optimization suggestions.First of all,this chapter focuses on the basic means of" legal regulation" does not relax,to explore the legislative improvement measures of the above issues,in addition,the paper is not limited to curb the proliferation of labor dispatch from legal regulation means,but also to improve the corporate governance structure as a starting point,put forward to improve the supervision function of financial trade unions and bank trade unions;Reasonable use of outsourcing services to replace labor dispatch;Three specific ways to explore the new mode of human resources management.
Keywords/Search Tags:bank, labor dispatch, assisting, equal pay for equal work
PDF Full Text Request
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