Research Of The Scope Of Labor Dispatch Application In China From The Principle Of "Three Natures"

After a few years developing,Labor dispatch as a new form of labor was the first time to be regulate in "Labor contract law''.The form of the labor dispatch with many problems and disputes but in a prosperous development trend presents to the world. Some of these issues and controversies that exist in history, some of them are enacted after" labor contract law"to be generated, which involved labor dispatch application that" labor contract law" identified in the problems of how to implicated the principles of "three natures"(mean "temporary, auxiliary and alternative" natures).The fundamental reason of the problem is that although the law has a significant impact on the applicable scope of the dispatch, but it is only in principle, not mandatory provisions stated, and never on the terms clearly defined and explained, so as to the scope of labor dispatch industry provides wider space, and it indirect promots the industry to flourish at the same time, but also brings many problems to the labor dispatch market.Therefore, the current situation with the" labor contract law" established by the labor dispatch scope form the principle of "three natures" to discuss how to strengthen and perfect our country labor dispatch range has positive meaning.This paper summarized as follows:The first part, through to our country present stage of labor dispatch and its scope of regulation were briefly introduced, and to our country" labor contract law" after the implementation of labor dispatch industry development situation, dispatch industry reality and legislation conflict analysis elaborated "Three natures" principle behind the legislation, leads to the labor dispatch scope further discussion on the meaning of.The second part, from the analysis of three principles to establish the reason proceed with, analysis of legislators'legislative purpose and adopted legislation tendency.The third part, introduce foreign experience. Mainly for foreign and parts of the development history and the scope of labor dispatch dispatch legislation, legislative mode analysis. In order to find out China's labor dispatch scope can be lessons.The fourth part, by the combination analysis of the rationality and deficiency of our country's labor dispatch scope, to propose the further legislative suggestion for the labor dispatch.