Research On Chinese Labor Dispatch System

In the mid of twentieth Century, labor dispatch which is known as an atypical labor configuration was originated from temporary employment, grown rapidly in the last fifty years, Germany, France and other civil law countries have been legislate labor dispatch law. Recently, along with the constant deepening of reformation and opening in our country, perfecting of social labor security system and changing or employee’s employment concept, labor dispatching begins to develop."Labor Contract Law of the People’s Republic of China" is issued in2007legalized labor dispatch, private enterprises had to circumvent the labor contract law and think of coping strategies, labor dispatch and non-full-time Labor was been used as lifestraw. In fact, this is not a model for free-market economics or the result of policy reform. For example, labor and personnel dispute arbitration of Jiangxi,In labour dispute trials, the labor dispatch trials makes up15%overall,5times more than the same period last year. On my personal experiences, Mr wang work at the state-owned enterprises since2002. But he never sign a written labor contract with the enterprise. The state-owned enterprises terminated labor relation on july,2007. Immediately Mr Wang been dispatched to the same post by a dispatch company. Through adopting these measures, most of state-owned enterprises and public institution to solve problem of " temporary worker". This paper probes the bribery sphere, studies that labor dispatch system.Labor dispatch is a special form different from traditional labor relations,which involves labour contracts entered by labour service dispatching company and dispatched workers. Legal relation of labor dispatch is tripartite labor relations.An explicit orientation on legal rights and obligations between the laborer, the dispatched work agency and the user enterprise will contribute to decrease conflicts and disputes so as to maintain their own rights and interests better than ever before.Through analysis that concept of labor dispatch, law institution of labor dispatch,the other counties’experiences and research, then gives some suggestions.The full paper is divided into4parts.Chapter1difines the concept of labor dispatch,an analysis was carried out on the relationship between the laborer,the dispatched work agency and the user enterpaise.Chapter2introduces overall situation of labor dispatch in china, difficulties and problems existing in the present labor dispatch system. Chapter3introduces inreference to the foreign legislative experience, access mechanism,security system, strengthen conducted on dispatched work agency and so on that were emphasis introduced. Chapter4with the legal construction it also gives some revising suggestion on labor dispatch system. Suggested legal consequence should be stipulated clearly.labor dispatch companies access system limitations, labor dispatch division assessment system, the dispatched laborers of the protection of rights, including freedom of labor the protection of rights, equal pay for equal work protection, trade union rights protection and so on.