The Research Of Legislation Issues On Labor Dispatch

The Fifth Session of the Eleventh National People’s Congress has fully affirmed the work of the Labor Contract Law and the inspection&enforcement of the Food Safety law, pointed out that the labor dispatch abuse remains a urgent problem, laws and regulations shall be promptly improved., to refine the scope of the labor dispatch legal system, pay attention to the supervision and management of labor units, protect the legitimate rights and interests of labor remunerations and social security treatment. Our promulgation and implementation of Labor legislation related to the labor dispatch:the Labor Contract Law of the People’s Republic of China (hereinafter referred to as (" Labor Contract Law "), the Regulations for the Implementation of the Labor Contract Law of the People’s Republic of China (hereinafter referred to as the" Labor Contract Law Implementation Regulations "), the labor dispute Mediation and Arbitration Act of the People’s Republic of China (hereinafter referred to as "labor Dispute Mediation and arbitration Law"), which promulgated and implemented, marks the formal establishment of the legal system of labor dispatch.our labor dispatch began in the beginning of reform and opening up, the real development and growth of our labor dispatch is only a few years before and after the promulgation and implementation of the labor Contract Law. Currently, our academic research on labor dispatch is just stay in the level of social surveys and normative analysis,"Labor Contract Law" and "Contract Law Ordinance of Dispatching has only made provides for the principle of "labor Contract Law".The legislation was originally designed to inhibit dispatching which is such a form of employment development, but in recent years, the chaos of labor dispatch situation doesn’t reach the expected legislative intent of the "labor Contract Law".That is to say, at this stage of the dispatch relevant legislation,there are still some limitations. This paper is to start from the actual situation of the emergence and development of China’s dispatch, with a careful analysis about the problems that exist in the dispatch of relevant legislation of this stage, then put forward some further legislative measures on our labor dispatch legal systems. This paper consists of seven parts:the first part is an overview of the dispatch system. This part is start to introduce the concept, the characteristics and the generate course&the development of our labor dispatch, with a brief description of the difference between the dispatch system and related systems, also the pros and cons of dispatching, to deepen the understanding of the dispatch system; the second part is the study on the set-up of labor dispatch company. Elaborated the inadequacies of China’s Labor Contract Law on the establishment of labor dispatch units, through introduce the foreign legislative and experience of the dispatch units’ established, put forward reasonable suggestions to our dispatch units set-up measures; the third part is the study on dispatch workers’rights of equal pay for equal work. On the basis of clearly defined the concept of "equal pay for equal work" and the analysis on current situation of unequal pay for equal labor in labor dispatch, point out the inadequacies of the legislation, and put forward a sound measure and the protection for the dispatched workers’ right of equal pay for equal work; the fourth part is the labors’right for unilateral lifting of the contact; the fifth part is the study on the specific specie of the labor dispatch; the sixth part is the obligations and responsibilities of the labor dispatch units and the accepting units. By pointing out the imperfections of our current Labor legislation on labor dispatch, studying the foreign legislative experience on the responsibility of the dispatch, trying to put forward the perfect related measures; the last part is the conclusion. In this paper, in-depth analysis the relevant provisions of our existing legislation on labor dispatch, and combine with the presence of a number of issues in the labor dispatch practice, put forward innovative ideas for each specific issues:the establishment of dispatch units, which registered capital contribution in the form and method of payment, advised to take administrative permission system; strict refinement labor dispatching period and positions range; clear the responsibility of the labor dispatch units and the accepting units, and to strengthen the supervision of the labor administrative department to ensure that the dispatched labors’right to equal pay for work; determine labor dispatch units and the accepting units are the same employer status, and balance their rights and obligations. This paper is based on the legislative situation of China’s labor dispatch and the practice.The main research methods of this paper are:historical analysis, normative analysis, observing analysis, comparative analysis, literature study and other research methods. Begin with the labor dispatching theory, sort out and analyzed the controversial practice of labor dispatch, try to combine the theory with the practice, put forward certain rational, scientific and practical legislative measures to China’s labor dispatch legal system.