A Study On Several Legal Problems Of Labor Dispatch In China

The labor dispatch is that the staff leasing company dispatches the placed employee who signs the contract with the staff leasing company to the client company which signs the labor dispatch agreement with the staff leasing company. The placed employee is hired in accordance with the requirements of the client company and works under its supervision and management. The labor dispatch is a new special tripartite employment relationship with the staff leasing company, the placed employee and the client company. Developed from1979, there are tens of millions placed employees in China now.<The Labor Contract Law> regulates the labor dispatch in specific chapter for the first time. However, due to the provisions of the labor dispatch is not reasonable, too principle, many provisions can not solve the actual problems. The arbitration and lawsuits regarding the dispatch dispute have been rising significantly, and the call for the independent legislation of the labor dispatch has also risen accordingly. Yet, the draft of <The Labor Dispatch Regulation> by the Ministry of Human Resources and Society Security has been postponed due to its great dispute. The article focuses on the labor dispatch system, analyzes the three major problems namely the establishment requirement, dispatch range and liability for employers. The author makes the theoretical study and comparison analysis to contribute to the system of labor dispatch in China. Besides the introduction and conclusion, the article consists of four chapters.The first chapter aims to analyze the development and current status of China’s dispatch system, and sums up the three major problems namely the establishment requirement, dispatch range and liability for employers in the dispatch system during the process of the socio-economic development in China.The second chapter aims to make the theoretical study of the three major problems namely the establishment requirement, dispatch range and liability for employers.The third chapter is intended to study the theories of extraterritorial dispatching development and actual legislation, make the comparison of the extraterritorial system design solution for labor dispatch related problems in major countries, and seek its reference value to China’s labor dispatch problems.The last chapter gives detailed information of labor dispatch legislation and its system, analyzes the three major problems in the current labor dispatch system based on statistics. The author points out the deficiencies of those mentioned problems in<Labor Contract Law> and related legal documents, and gives proposals on dispatch system perfection and corresponding legislative advices.