Laborer Rights And Interests Of The Dispatched Workers Security Research In China

Labor dispatch as a kind of first appeared in the United States, unconventional way of labor, although started late in our country, but along with the reform and opening-up and the development of market economy, and the adjustment of industrial structure upgrade, labor dispatching labor form for its flexibility and convenience of rapid development. And dispatching system is in recent10years were gradually established by law in our country, also can say that our country’s labor dispatch system is still in the practice exploration phase.This article first from the point of view of the particularity of dispatched laborers exercised guarantee, combined with the existing laws of our country to the guarantee of the dispatched laborer exercised in regulations and practice of related problems in the analysis, find out the current our country labor dispatching system exist the following problems:of laborer’s rights and interests of individual exercised security flaws, show the dispatched workers right to labor remuneration, occupational safety and rights cannot be fully realized, and the fire protection system is not perfect; Collective rights cannot be an actual of dispatched laborers. Secondly, based on the causes of the formation of the above problems are analyzed, and concluded that is due to the labor dispatch agencies and employers responsibility unknown, unit of choose and employ persons is not sufficient to perform the duty of the employer and the project unit is not stipulated in the contract and the legal use of dispatched laborers, exercised not sufficiently protect the dispatched workers caused by the conclusion.According to the study of the above problems and its reason analysis, and comparison and draw lessons from foreign mature legislation on labor dispatch system and implementation method, and academic predecessors of dispa’tching exercised to ensure the valuable enlightenment. Put forward to improve the system of our country labor dispatch to ensure dispatched laborers exercised legislation Suggestions, namely:to establish a complete\"single employer\" model, by building the labor dispatch industry licensing system, and fully guarantee the dispatched workers’right to know; And clear the accepting units of dispatched laborers should take on responsibility in order to make clear unit of choose and employ persons and employers in exercised the responsibility of the dispatched workers. In terms of dispatched laborers of collective security, combined with the actual situation in our country and the particularity of labor dispatching, puts forward the implementation open collective rights, and by the municipal Labor union of dispatched laborers exercised for maintenance, to ensure exercised in the dispatched workers possibility and legislative Suggestions.