The Research On Economic Compensation For Government Dispatched Workers Due To Transfer

This topic is raised because of the adjustment of national policies,a large number of dispatched workers in the original government system need to be relocated,and some of the retained dispatched workers are transferred from the original labor dispatch unit to the new labor outsourcing company for reasons other than their own.Under the premise that the content of the labor contract has not changed and the labor relationship can be stably transited,whether the employee can exercise the right of economic compensation claim for the cancellation of the original labor contract or the change of the subject arising from the transfer,and how to determine the opposite party of the right of claim has become a hot issue in practical operation.Because the relevant national laws and regulations are relatively vague,there are differences based on different theories.Firstly,based on the case introduction and the policy background,this paper puts forward the problems of economic compensation for transfer of government labor dispatchers: On the one hand,the related system of economic compensation for transfer of labor dispatchers is not perfect.On the other hand,the relative system of the right to economic compensation in the labor dispatch relationship is not straightened out.Secondly,since the justification of the claim for economic compensation derives from the nature of the employment contract change at the time of transfer,the opposite party of the claim for economic compensation depends on the distribution of the employer’s responsibility for the dispatch of services,based on previous studies,this paper conducts an in-depth study on the nature of employment contract and economic compensation liability,as well as the tripartite relationship and operating model of labor dispatch,this paper focuses on the concept and function of the relevant components in the foundation of the right of claim for economic compensation transferred by government labor dispatch personnel,and then combines the principle of“Labor preference protection”,to analyze the theoretical basis and practical experience of the relevant system,in order to draw a suitable conclusion on the transfer economic compensation of the current labor dispatch personnel.Finally,on the basis of theory and function analysis,the paper suggests that the transfer of labor dispatch personnel should be realized by coordinating the merger and division between the old and the new units in practice,so as to balance the conflict of interests between Labor and management In the aspect of improving the basic system,we should make clear the right of choice and the procedure of implementation,and the mechanism of responsibility-sharing according to the depth of the government’s participation in the labor dispatching relationship.At the same time,it is suggested to set up a reserve fund system and to strengthen the administrative supervision of labor inspection departments in order to enhance the ability of payment of economic compensation.