Legal Analysis Of Dispatch

Labor dispatch as an atypical forms of employment, is a complement to traditionalemployment, is the world’s contemporary labor legislation and problems to be solved. China’sLabor Contract Law and Labor Contract Law Implementation Regulations for the dispatch tothe special chapter in the form of a special section to be regulated, but there are still manyproblems in practice. In order to effectively protect the legitimate rights and interests oflaborers, to avoid the social risk, China’s scholars have made a lot of exploration and hardwork. China’s Labor Contract Law was implemented from January1,2008, the provisions ofthe labor dispatch to make up for our labor dispatch the regulation of legal gaps, have madegreat progress in the protection of labor rights, but there are still some defects, not themaximum extent possible, protect the legitimate interests of the dispatched workers. Thisarticle based on the new Labor Contract Law, an overview of the dispatch from our laborbegin to analyze the present situation and problems of the dispatch, combined with theadvanced experience of the United States, Japan and other Western countries, China’s laborservice dispatch system for improving the legislation, play an important role in promoting.In this paper, raise questions, analyze problems, to solve the problem in a logical waythe dispatch problem. The absence of the Labor Contract Law and its implementingregulations, mainly for the lack of it, combined with China’s national conditions, to improvethe dispatch of the recommendations of the legal system. The text is divided into three parts:The first chapter introduces an overview of the dispatch the system.The second chapterpresent situation and problems of the dispatch in China. And the status of the domesticlabor dispatch system based on the "Labor Contract Law" problem.The third chapter oflegislative proposals to improve the dispatch system. Foreign legislation, combined with thedispatch the system to further improve the legislative proposals and opinions.With the market mechanism has been improved, the market economy, the growing roleof regulating the allocation of resources, the personnel system reform is urgently needed.Labor dispatch as a flexible mode of employment, the use of the flexibility requirements ofthe market and enterprises, reducing the labor costs of the employment units to create moreemployment opportunities, the effective transfer of the surplus labor of the community, notonly conducive to the realization of workers personal values, and long-term development ofindividual workers, review of the current situation of China, the dispatch of new roads as asolution to China’s employment, with its unique form of employment, scientific and rationalallocation of human resources, showing its vitality, will be one of the trends of the futuresociety of human resource development.