Studcty On Proteion Problems Of The Labor Dispatching Worker’s Rights And Interests In Our Country

With the establishment and improvement of financial system in the socialistmarket in China, the importance and necessity of human resources become moreprominent. Labor dispatch as a new model in labor economy in China. It has a flexibleelastic that like by many enterprises. Labor dispatch meet the needs of cost-saving andhigh-efficiency employment system, especially for developing countries that have thehuge profits for enterprises, at the same time, is solves the problem of employment formost people.Along with the rapid development of the economy and the increasingly fiercemarket competition, the enterprise want to escape the responsibility through the labordispatch. Labor dispatch becoming a means of shifting risk, and is also harm thelegitimate rights and interests of laborers. The chapter II of Labor Contract Law havebeen issued to the labor dispatch. It fills the legal gaps in the law, and it ends theembarrassing situation of no legal for the labor dispatch’s profit. Our country’s laborersdispatched stage has been from the free development to the legal regulation. However,in the period of design system, the dispatch are still a large number of unreasonabledefect. Compared to the relevant rules, and supporting policies, the development oflabor dispatch is slower.The legal benefit of labor cant’s be prefect effectively.Labor dispatch in a short period of time become a booming trend, but it is alsoalong with many irreconcilable contradictions, such as the dispatch agency marketaccess conditions, the dispatched workers equal rights, the dispatched scope, and thedispatching dispute settlement mechanism. The labor dispatch wants to play to its socialvalue, it must be through the appearance of the complex, from the different angle tostudy former the operating mechanism of labor dispatch.This paper is centered on the perfect of labor dispatching is divided into four parts:The first part is an overview of labor dispatch. This part will make acomprehensive analysis of the academic theoretical prospective to explain the generalprinciples of labor dispatch, clarify differences between the concept of labor dispatchwith others, and the labor dispatch.Form these aspects, it deepen the comprehensiveunderstanding of the dispatch.The second part is to introduce the regulations and relevant provision on labordispatch of typical countries and regions and the inspirations on legislations of china.First, it introduces the regulations on labor dispatch in the United States,Germany, Japan and Taiwan. This part aims to through the advantages of these systemsto make up for the deficiencies of our country there.The third part focuses on the problem of China’s Labor Contract Law on thedispatch to protect the labor rights provisions which exist.The last part aims at the problems in reality and the present legislationdisfigurement, the writer proposes the legislation suggestions on perfecting our countrylabor dispatch system,by which can improve the optimization on thecomprehensiveness and effectiveness of labor dispatch legislation, consequently protectthe legal rights and interests of labors who are placed in our country from illegalinfringement.Now labor dispatch in our country is in a mature process, we obtained the labordispatch bringing various effective, but also deeply appreciate the many defects of theconcomitant to the laborers of the pain. Theory comes from practice and guided practice,we should be in the disadvantaged with the laborer rights and interests. The labormarket has become more sophisticated and services, and the establishment of the systemof the relative strength of the self-regulating capacity, reduce dispatched to the injurysuffered by the workers in the dispatch process.Thought this paper, the author take the basic clues of protection the rights andinterests of workers.The paper use for reference from home and abroad, and is alsoanalyses China’s Labor Contract Law on the labors’ protection and the legislativedefects. Compare on foreign related legislative experience,combined with China’s basicnational conditions, the real problem in society and the current legislative defects, havebeen set on improve labor rights protection system in China’s dispatch of personalinsights, so the dispatch the rights and interests of laborers to the full and effectiveprotection and adequate relief.The author knowledge is limited and time is short. The paper view of point isinevitable, just hope some scholars from all walks of life as well as practitioners basedon deep thinking, and exploring, and hope this paper can promote play a important rolefor China’s labor economic construction and the interests of the workers to bedispatched.