| On a world scale, after the1960s, the status and importance of the private employment agencies gradually highlighted under the background of the public employment service system is not fully meet the needs of the Labour market. Especially from the85th international Labour conference in1997by the convention no.181, for the first time since given labor dispatch legal status, the main developed countries have established a relatively perfect system of labor dispatch. Before our country "labor contract law" issued08, dispatching the widely used way of labor has becoming more common in China, so far, labor dispatching has attract public attention. Because there are no special laws and regulations, combined with the lack of corresponding regulation, labor dispatching in promoting enterprise employee change of the pattern, booster labor resource release, dissolve the enterprise recruitment of institutional constraint at the same time, also became a unit to circumvent the risk of accepting a tool, and in some degree resulted in the dispatched laborers rights and interests are harmed. To this end,"labor contract law" in2008have discussed with specification, aims to formulate strict specification, in order to have a sound development. But problems in practice not disappear with the law, the dispatched workers co-workers and different payment, enterprises find all manner of ways to escape to pay social insurance obligations and other problems; Break through the law of enterprise labor dispatching modes of qualified, even there are some enterprises in the long-term use of labor dispatch workers. Real practice of labor dispatch system, completely deviate from the intention of the law, the practical damage the legitimate rights and interests of the dispatched workers, even becoming social disharmonious factors.The chaos since the implementation of labor dispatch system has been criticized by academics, early thought "labor contract law" after making special provision to labor dispatch can make the system on the right track, but I don’t want to legislation of labor dispatching more serious problem than ever before. On December28,2012, the standing committee of the11th National People’s Congress passed on modifying the 30th session of the labor contract law of the People’s Republic of China’s decision, made a more clear rules for labor dispatching system, but has not been able to pinpoint problems in labor dispatching in our country, the standard way and focus on deviation still exist. Under the background of the repair method, it is necessary for us to explore to what extent the law can solve the problems in the implementation of labor dispatch system in China, we have to discuss the practices with08legislation since the results will be. Labor dispatching the original intent of the dispatching system is what? Lawmakers in the law is based on what kind of value judgment? It is necessary for us to pass legislation original intention of the analysis to analyze the "labor contract law (amendment)" should be "take" and to "give up" part. In this background and demand down the labor dispatching system problems that should be how to return to the legislation original intention have practical significance.The purpose of this study lies in the labor dispatch system development practice course and the legislation and practice background, to clarify the "labor contract law" after the implementation of labor dispatching development status and existing problems, and analyzes the systems of labor dispatch system of value and pursuit, and the law should be how to implement the system of regulating labor dispatching to legislative intention.In order to standardize labor dispatching, must improve the relevant legal system, such as reverse sent for illegal, to relocate to make general ban; Limit labor dispatching deadline within two years; Removal of illegal to send labor arbitration time limit; For temporary, auxiliary, alternative positions and make further make clear a regulation, etc. |
