Analysis Of Staff Returning Mechanism In Labor Dispatching System

Labor dispatching as originated in the United States has been an extensive use offoreign labor mode of operation, has played a highly efficient use of humanresources, and promotes the positive role of rational flow of talent. Labordispatching started late in China, but developed quickly. This form of hard labordispatching initiated in Guangzhou province and other economically developed areasextended to most of the country, experienced a very short period of time. Despite theimpressive growth rates, but the development status is not quite satisfied. The realityis that the labor costs is often reduced through the using of labor dispatching inChinese enterprises, and the risks involved be transferred to the labor exportenterprises or individual workers. Labor dispatching as the labor contract lawsupplementary way of employment, which has particularity. There’re3main bodyinvolved: the labor dispatch company, employer and workers. It is because ofthere’re2employers in the relationship of labor dispatching, which graduallybecome a direct way while avoiding disadvantages. Many non-standard phenomenahappened during labor dispatching the existence, leading to the dispatch oftentriggered arbitration, litigation. And due to the lack of relevant provisions for thedispatching, lead to vulnerable groups in the labor relationship namely laborerindividual’s legitimate rights and interests cannot be guaranteed. The issue of employees return in labor dispatch system is not clearly defined inlaws. The criteria of the employees returning could be referred to the second ofArticle65of the Labor Contract Law, or it could be agreed in the labor dispatchingcontract? Or the worker could be returned to the labor dispatching company at anytime? These issues are in controversial in academia as well as trial practice. Thecriteria of staff returning in the labor dispatching should not be higher than ordinarylabor relations, but it’s not standardized in law. Article58of the Labor Contract Lawprovides that the dispatched workers should be paid by minimum wage prescribedby local people’s government during the off working period, be paid monthly. Thisprovision seems to be to protect the basic rights and interests of the dispatchedworkers. However, the minimum wage was not accepted by most workers, especiallyfor those high-income groups. According to such unlimited criteria for staff returningin labor dispatching system, the dispatched workers wages could be reduced to theminimum wage at any time, is bound to damage the legitimate rights and interests ofworkers. This paper intends to use the case study to analysis how to balance theadvantages of labor dispatching and the rights and interests of dispatched worker,and put forward a proposal on the labor dispatching system base on the originalintention of legislation and judicial practice.