Research On Government Supervision Of Labor Dispatch Agencies

Labor dispatch is an uncommon form of employment that offers greater flexibility and can meet the needs of a wide range of industries.It has won the favor of a large number of entrepreneurs because it reduces labor costs and increases flexibility in the form of employment.However,due to the unique tripartite structure of labor dispatch,the interests involved are complex,which brings impact to the traditional form of employment and also poses a problem to the supervision of local governments.After the introduction of the Labor Contract Law in 2007,the supervision of labor dispatch agencies by the Chinese government began to develop systematically,but it still faces the risk of inadequate supervision,leading to an increasing number of abuses of labor dispatch in practice and difficulties in protecting the rights and interests of workers.In my opinion,the cause of labor dispatch abuse is not the labor dispatch system itself,but the lack of government supervision of labor dispatch agencies.The government’s supervision mainly includes the examination of entry qualifications,daily operation supervision,and punishment for violations.Taking Zhangjiagang City as an example,this paper adopts the fieldwork method,comparative analysis method,and my own work experience to study the current situation of government supervision of labor dispatch in China and finds that the main problems in the supervision process are: lax prior qualification examination,diligent supervision of operation during the process and ineffective punishment for violations afterward.Later,I visited five labor dispatching agencies in Zhangjiagang City using intentional sampling,and combined with my own working experience,I analyzed the four causes of government supervision,namely the gap between legislative theory and practice,the weakness of the labor inspection and enforcement team,the virtual absence of "temporary" regulations,and the failure of trade unions.Finally,through literature research and comparative analysis,I extracted useful experiences from foreign countries and combined them with the above-mentioned problems and causes,and tentatively put forward suggestions for optimizing the governmental supervision process of labor dispatch agencies in China.Firstly,improving the legislation,which mainly includes refining the regulations on the applicable positions for labor dispatch and improving the allocation of employer responsibilities.Secondly,enhancing the rigor of prior review,which mainly includes strengthening the examination of entry qualifications;introducing a security deposit system.Thirdly,strict supervision during the businesses,which mainly includes strengthening the supervision and enforcement force;establishing a credit rating evaluation mechanism for labor dispatch agencies;establishing a complete supervision system;strengthening the annual review,and improving the role of trade unions in safeguarding workers’ rights and the monitoring role of the media.Fourthly,severe punishment,which mainly includes improving the supervision power of the labor inspection department and establishing a system of punitive damages.It is expected that while improving the governmental supervision of labor dispatch agencies in Zhangjiagang,it will be beneficial for the optimization of governmental supervision in other parts of China.