On The Legal Regulation Of The Applicable Scope Of Labor Dispatch

In the 1990 s,labor dispatch rose in China.After the promulgation of “ 《Labour Contract Law》 ” in 2008,due to the imperfect legal regulation of labor dispatch,a large number of abuses of labor dispatch occurred.Although many problems existed before the promulgation of " 《Labour Contract Law》," some problems became more prominent and obvious after its promulgation.《Labour Contract Law》 was revised in2012 and the ’ three genders ’ of labor dispatch were clearly defined.In 2014,《Labor Dispatch Provisions》 further clarified and improved the “ three sex principles ” and proposed for the first time that the proportion of labor dispatch should not exceed 10 %.Although the relevant legal regulation of labor dispatch in China has been continuously improved,compared with developed countries,the abuse of labor dispatch in China is prominent,and the relevant legal regulation of labor dispatch is still inadequate,which needs to be further improved.This paper introduces the legal regulation of the scope of application of labor dispatch from the following four parts.The first part is an overview of the basic theory of the scope of application of labor dispatch.Firstly,the meaning,characteristics and theories of the scope of application of labor dispatch are introduced.Then it analyzes the necessity of perfecting the legal regulation of the scope of application of labor dispatch in China,that is,the backwardness of the legal regulation of labor dispatch in China,the impact of labor dispatch on standard labor relations and the urgent need to maintain the stability of employment order.The second part is the foreign labor dispatch applicable scope of legal regulation and evaluation.Firstly,it introduces the relevant legal systems in Germany,Japan and France concerning the scope of application of labor dispatch.Then the corresponding evaluation of its legal regulation provides some reference for the construction of China ’s labor dispatch legal regulation.The third part is the analysis of the current situation and defects of the legal regulation of the scope of application of labor dispatch in China.Firstly,the laws and regulations on the scope of application of labor dispatch in China are introduced.Secondly,it points out that the definition of “ three characteristics ” in China ’ s labor dispatch is vague and lacks operability,the provision of “ temporary ” no less than the two-year labor contract period is overhead,the proportion of labor dispatch is too rigid,and the whereabouts of dispatched employees are not clearly in line with the provisions.The fourth part is suggestions on improving the laws and regulations on the scope of application of labor dispatch in China.Based on the current situation and national conditions of China ’ s labor dispatch,and taking the relevant legal regulations of foreign labor dispatch as reference experience,some suggestions are put forward to improve the relevant provisions of the scope of application of China ’ s labor dispatch.On the macro level,it is necessary to conform to the international trend and establish relaxation of the regulation mode of the scope of application of labor dispatch.Micro clear " three sex " scope,cancel the mandatory provisions of the two-year labor contract period,reasonable relaxation of labor dispatch employment ratio regulation,clearly do not meet the provisions of the dispatch of employees.