Study On The Legal System Of Labor Outsourcing

Labor outsourcing is through the way of signing a contract, the outsourcingbusiness to a service outsourcing provider, to reduce costs, improve efficiency,centralized resource advantages of the technology core competitiveness, thus forming a"Labor not to raise workers" mode of enterprise management.Development of serviceoutsourcing in China started late, but development speed is very fast, provide laborservices outsourcing service institutions is becoming more and more servicesoutsourcing market is also growing, but due to lack of support experience in relatedtheory and practice, has produced many problems in practice.In this paper, starting fromthe perspective of service outsourcing development in us, by using, for example,inductive and comparative analysis, literature research methods such as method,combining with the practice of disputes and shortage, trying to find out problemsexisting in the legal system and service outsourcing in China, and puts forwardcorresponding countermeasures. The article includes the following:The first part is the introduction. The paper mainly introduces the researchbackground, research significance and research method, literature review and combingoutsourcing.The second part is the concept of service outsourcing and legal nature. Through thedefinition of outsourcing, and then analysis of outsourcing and dispatching gay, clearthe legal nature of outsourcing.Think labor outsourcing is refers to the enterprise inorder to better management, to the enterprise project in non-core business by way ofcontract to outsourcing providers to manage, complete. Therefore, in essence,outsourcing is a common legal act, the "contract law" adjustments.The third part is the legal system of labor outsourcing and its enlightenment to ourcountry.Through the introduction of the development of service outsourcing in theUnited States legal system, points out the advantage of the us legal system of laboroutsourcing access qualification strict legal system set up reasonable, outsourcing, laborremuneration standards, industry supervision and administration in place, its limitationsmainly embodied in the enterprise business secrets loss risk, lack of labor outsourcingachievement appraisal agency authority, rights and obligations responsibility remains tobe further strengthened.These experiences and lessons of our country has importantsignificance. The fourth part is the present situation of the legal system of China’s serviceoutsourcing.Through introducing the development situation of service outsourcing fromthe rights and obligations of fuzzy and unclear responsibility, lack of supervision andinspection system, such as Angle, this paper expounds the problems existing in the legalsystem of China’s service outsourcing. The article also analyzed from the points of viewof outsourcing main body internal and external causes of these problems.The fifth part is the thinking of perfecting our country’s legal system of laboroutsourcing.Aiming at problems existing in the legal system of service outsourcing,combining foreign beneficial attempt and the experience for reference, China shouldfrom the standard service outsourcing subject access qualifications, scope of serviceoutsourcing and its source, develop service outsourcing industry standard and perfectevaluation system, strengthen the function of government supervision and managementand self-discipline, make outsourcing labor dispute settlement mechanism and so on inorder to perfect legal system of China’s service outsourcing.