Research On Chinese Labor Dispatch System

Labor dispatch is known as an atypical and flexible labor configuration."The EmploymentContract Law of the People’s Republic of China" issued in2007legalized labor dispatch, which was thefirst time China accepted labor dispatch legally. On one hand, the legal acceptance contributes to thedevelopment of labor dispatch. On the other hand, the current labor dispatch legislation has flaws andsome irrational factors increase during the development of labor dispatch. It makes labor dispatch a wayof getting around the law. There are a lot of problems that lead to negative results and it’s getting moreand more common. In this case, the stability of labor relationships has been interfered with. Furthermore,the labor market order and the laborers’ rights have been damaged.In academia, labor dispatch is improved and reconstructed in terms of legislation and systemdesign. But the study of properties is not sufficient. The properties are the basis of the system.Understanding the labor dispatch properties is a good start of the theory study and the basis of thesystem rationalization. It’s also the basis of preventing the violation of laborer rights and the promotionof economic development. This paper started with the labor dispatch properties and analyzed theproperties rationally. It reviewed and summarized the development and special characters of labordispatch and discussed the main problems with the practice of labor dispatch. It analyzed the flaws ofthe current labor dispatch law system. It also brought up the orientation of the labor dispatch law systemand the improvement approaches. Finally, this paper described the conception of the labor dispatchsystem in order to contribute to the construction of labor dispatch law system. This paper consists offour parts besides the instruction and conclusions:Part1: It specified the definition of labor dispatch and analyzed the properties. The propertieswere defined as temporariness, fiction and evasion. They were analyzed in terms of the connotation andsignificance of labor dispatch as well as the impact to labor dispatch law regulation.Part2: It reviewed the development of labor dispatch which consists of germination, evolution andinnovation. The special characters of labor dispatch in China were thoroughly analyzed in terms of thesystem background, regulation evolution and system itself.Part3: It summarized the problems with the practice of labor dispatch after “The Labor ContractLaw” was issued. The essence was concluded that "Actions to avoid the legal is moved toward changeapparently and extensively" meaning that the typical labor relationship was turned to the atypical laborrelationship or the civil legal relationship. This was revealed as below:1. Labor dispatch employment isbecoming mainstream and normality. It keeps away from control of the labor law and labor contract lawwhich controls the traditional labor employment relationships.2. Some people keep away from labordispatch in the form of fake outsourcing. They also keep away from the control of the labor contract lawwhich controls the triangle employment relationships. This paper analyzed the causes of the problemswith the labor dispatch practice in terms of both internal and external factors.Part4: Theory remodeling and legislation reconstruction for labor dispatch law system. First of all,it clarified the system orientation in terms of property orientation, functionality orientation, etc. Secondly, it brought up the idea for the labor dispatch law system regulation. The idea was specified as:taking "The moral concepts in labor law" as the guiding ideology of labor dispatch law system,regulating together with the atypical labor relationships, organized regulation. Lastly, it brought up theimprovement conception of the labor dispatch law system in China.