Research On The Legal Regulation Of Labor Dispatch In China

In 2008,the labor Contract Law made provisions for labor dispatch for the first time.For a while,the labor dispatch industry was booming.The labor contract law of2012 makes a supplement to the relevant legal system of labor dispatch.In 2014,the "Interim Provisions on labor Dispatch",The introduction of the relevant provisions of labor dispatch has made a more detailed definition.In general,relevant laws,regulations,and rules have positive significance for the standardization of the labor dispatch system,and further protect the rights and interests of labor dispatch workers based on the "labor Contract Law" legislating to protect workers.The development of these legal systems not only highlights the country’s emphasis on labor dispatch,but also shows that there are many problems in the development of labor dispatch in our country.However,if the issues related to labor dispatch are to be improved,it is necessary to regulate labor dispatch from a legal perspective in response to the rapid development of labor dispatch in my country,the lagging legislation,and the lack of timely protection of labor rights and interests.In recent years,data shows that the number of disputes about labor dispatch has increased significantly.In order to study the writing of the paper and ensure the accuracy and reasonableness of the data,the writing of the paper mainly selected the judgments of Peking University Magic Weapons and the China Judgment Document Network from 2015 to 2019 on the labor disputes of enterprise labor dispatch and employment as the research basis,based on my country’s current laws and regulations,from A detailed analysis of the three aspects of the abuse of the scope of application of labor dispatch,illegal return,and the assumption of joint and several liability,and clearly shows that the labor dispatch unit and the employing unit jointly evade labor dispatch laws and regulations in judicial practice have seriously harmed the dispatched workers.The lawsuits caused by the legal rights and interests of the dispatched workers’ lack of understanding of the nature of the labor dispatch,as well as the court’s attitude and active exploration in the face of the legal loopholes in the labor dispatch.The author screened out the cases needed for the writing of thesis through the application of the legal provisions of the case,categorized the cause of the dispute and the basis of the court decision,and summarized the outstanding problems caused by the dispatch of labor.In order to solve the problems in labor dispatch,this article explores the legal regulations of labor dispatch in my country based on labor dispatch and related theoretical research.The research is mainly divided into four parts:The first part: The purpose of the theoretical part is to provide theoretical support.First of all,this paper expounds the concept,characteristics and classification of labor dispatch,then analyzes the nature of the legal relationship among the three parties of labor dispatch,and finally analyzes its development and effectiveness,so as to make theoretical preparation for the later analysis.The second part: This paper explores the current situation and problems of the legal regulation of labor dispatch in China.This part mainly retrieves case disputes about labor dispatch from 2015 to 2019 from the Peking University Fabao website,China Judgment Documents website and non-litigation websites,analyzes the problems existing in labor dispatch in my country,and finally summarizes the three most prominent problems,That is a large number of illegal dispatch problems caused by the violation of the "three characteristics" of labor dispatch and the employment ratio,the problem of illegal return of the employer,and the identification and assumption of joint and several liability.After finding the problem,it also analyzes the problem in detail,and puts forward targeted ideas for the solution of the subsequent problem.The third part: This paper summarizes the useful experience of legal regulation of labor dispatch in major developed countries.This paper analyzes the development status and achievements of labor dispatch in Germany,Japan and the United States,implementation of law enforcement and legal awareness,as well as the scope of application and employer responsibility.Through a comparative study of the beneficial results of the legal regulation of overseas labor dispatch,This paper summarizes the legal regulations that can be used in China’s labor dispatchThe fourth part: Countermeasures for standardizing the development of China’s labor dispatch system.Starting from the problem,this part clarifies the countermeasures in three directions.The first direction is the legal regulation of the scope of application in illegal dispatch,and measures for the scope of application of labor dispatch and the protection of workers’ rights are proposed through the three levels of legislation justice,and law enforcement supervision.The second direction is to start with the improvement of the labor dispatch return mechanism,and the third direction is to start with the joint liability of labor dispatch.This paper mainly studies the main problems of legal regulation of labor dispatch in China,this paper discusses how to improve the labor dispatch system from these three aspects by comparing the effective experience of foreign countries and considering the actual situation of our country.